Employment contract is an agreement between the employer and employee on the nature and duration of the employment relationship. An employment contract legally formalizes the mutual rights and obligations of participants in labor relations. A properly drafted employment contract will protect the interests of the employer without infringing on the rights of the employee, and will help avoid many undesirable legal consequences. The parties to the employment contract are the employer and the employee.
An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work in a designated labor function, to provide working conditions provided for labor legislation and other regulations, pay the employee wages in a timely manner and in full, and the employee, for his part, undertakes to personally fulfill the terms of this agreement labor function, comply with the internal labor regulations of the employer. The main document regulating labor relations is the Labor Code, and the terms of the employment contract should not contradict its articles. Moreover, in controversial situations, they will be interpreted as described in the labor code.
An employment contract should be distinguished from. An employment contract provides the employee with a number of benefits, guarantees and compensations not provided for in contractual relations.
Sometimes in practice the terms are used labor contract, labor agreement.
The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract remains with the employee, the other is kept by the employer. The fact that a copy of the employment contract has been received by the employee is certified by the employee’s signature on the copy of the employment contract kept by the employer.
An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his legal representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work.
According to the Labor Code, an employment contract may contain additional conditions that do not worsen the employee’s position in comparison with those established by labor legislation and other regulatory legal acts, a collective agreement, agreements, and local regulations, namely:
- Condition for clarification of the place of work, indicating the structural unit of registration and its location;
- Probationary period condition;
- Non-disclosure agreement for proprietary or commercial information;
- A condition on the employee’s obligation to work after training for no less than the period established by the contract, if the training was carried out at the expense of the employer;
- Agreement on the types and conditions of additional social and medical insurance for the employee;
- Condition on the possibility of improving the social and housing conditions of the employee;
- A clause clarifying the working conditions of a given employee, as well as the rights and obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms.
When concluding employment contracts with separate categories workers, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding employment contracts or their terms with the relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts in a larger number of copies.
Changing and searching for a job is a very important and responsible stage in the life of any person.
Therefore, the issue of employment must be taken seriously. Quite often we are negligent in the registration procedure. new job, considering the signing of papers a mere formality. But this is far from true. To successfully get a job, you need to formalize your employment relationship with the employer on time and correctly, for which you need to sign a number of documents, the main one of which is an employment contract. Is an employment contract necessary at all - a question that arises from Job Seekers every day. Undoubtedly, it is up to you to decide how exactly to formalize your relationship with the Employer. But here’s an example: you provided a service, the customer paid you for it, exactly as you agreed with him. Everything is fine, everyone is happy – and that’s wonderful. What to do if everything goes wrong, that is, not as you agreed with the Customer, how to prove that you are right? That you agreed on these conditions, and not others (this could be the deadline for the service, payment for services, quality, and much more). After all, all your agreements were agreed upon verbally and were not recorded anywhere. One side may argue one thing, while the other insists on the exact opposite. How to resolve this conflict. The answer is obvious - alas, not at all. This situation cannot be resolved by a third party, to whom you may turn for help, for example, to the court. Because written evidence is required, your agreements. Precisely so that there is no deadlock situations, to exclude all similar cases unlawful behavior of both Employers and Employees, it is necessary to conclude an employment contract, which is a guarantee of your successful employment relationship.
When concluding an employment contract, you should be especially careful, because this agreement must fully comply with the requirements of the Labor Code of the Russian Federation. Unfortunately, Employers do not always comply with them.
An employment contract is an agreement between the Employer and the Employee. It defines the mutual rights and obligations of the parties. Thus, the employer must provide the employee with work according to the stipulated labor function, ensure normal working conditions and pay him wages in full, and the employee must personally perform the labor function determined by this agreement and comply with the internal labor regulations in force in the organization. It is necessary to draw up and sign this document very carefully, carefully. Indicate all the subtleties and nuances of the work, without missing anything important. It is then that there will be certain guarantees that all these conditions will be met. Otherwise, one or another party can always refer to the text of the employment contract to compare the documented provisions with how they are implemented, and bring the party guilty of violating the terms of the contract to justice. And if disagreements arise with the Employer, both lawyers and the court first turn to the signed papers for the information they are interested in, and the main attention will be paid to your employment contract.
Dear visitors and guests of our site, the form will help reduce your time costs and simplify the process of drawing up a document standard contract. On the pages of our website there is enough large number standard forms agreements governing relationships in many areas. For your convenience, we have grouped the available documents to make it easier to find the required standard agreement.
An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to:
Provide the employee with work according to the specified labor function;
Ensure working conditions provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts, collective agreements, agreements, local regulations containing labor law standards;
Pay the employee wages on time and in full;
the employee undertakes:
Personally perform the labor function determined by this agreement;
Comply with the internal labor regulations in force in the organization.
The concept of an employment contract is revealed in three senses:
As an institute of labor law;
As an agreement to conclude an employment contract (employment contract as an action);
As a document fixing the terms of this agreement (an employment contract as a legal act of bilateral expression of will).
An employment contract is the main institution of labor law, containing a set of legal norms designed to effectively regulate individual labor relations.
Established by agreement of the parties (specified when discussing the terms of the contract and may change);
Established by legislation and local acts (brought to the attention of those entering into labor relations and, as a rule, cannot be changed, much less worsened).
A necessary condition of an employment contract is its personification, that is, an indispensable indication of the surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into the employment contract. This condition emphasizes the individual nature of the employment contract.
Depending on the significance for the parties to the legal relationship, the conditions can be significant (Article 57 of the Labor Code of the Russian Federation), of which the following can be identified as mandatory:
Place of work (indicating the specific structural unit of the organization);
Labor function (work in a specific profession, specialty, qualification or position);
Start date (day, month, year);
Remuneration (including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments);
additional (optional) provided for in Part 3 of Article 57 of the Labor Code of the Russian Federation.
A probationary period can only be established upon concluding an employment contract in order to verify the employee’s suitability for the work assigned to him. The subject employee is fully subject to labor legislation, therefore, he cannot be assigned a longer working day, wages cannot be paid less than the salary established in the staffing table, if there are sufficient grounds, the violator labor discipline may be dismissed due to culpable circumstances, and not due to unsatisfactory test results.
An entry in the work book about the establishment of a probationary period is not made.
Employment contracts can be concluded:
For an indefinite period;
For a specified period of no more than five years (fixed-term employment contract), unless a different period is established by the Labor Code of the Russian Federation and other federal laws.
Article 65 of the Labor Code of the Russian Federation contains a list of documents necessary for concluding an employment contract, namely:
Passport or other identification document;
Work record book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;
Insurance certificate of state pension insurance;
Military registration documents - for those liable for military service and persons subject to conscription military service;
Document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.
In some cases, taking into account the specifics of work, the Labor Code and other regulations may provide for the need to present additional documents when concluding an employment contract (education document, auditor qualification certificate, diploma, qualification and special certificate of a specialist for crew members sea vessels etc.).
It is prohibited to require from a person applying for a job documents other than those provided for by the Labor Code and other regulations. Russian Federation.
When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are issued by the employer.
After the parties sign the contract, the employer is obliged to issue an order within three days to hire a citizen, which sets out the four mandatory conditions of the employment contract (place of work, job function, start date of work, amount of remuneration).
An employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise established by federal laws, other regulatory legal acts or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative (Article 61 of the Labor Code RF).
The employee is obliged to begin performing his job duties on the date specified in the employment contract. If the employee does not start work on time without good reason within a week, the employment contract is canceled.
After issuing the order, the personnel service is obliged to make entries in work book employee and in labor records. In accordance with Article 66 of the Labor Code of the Russian Federation, a work book of the established form is the main document about the employee’s work activity and length of service.
An employer (with the exception of individual employers) is obliged to keep work books for each employee who has worked in an organization for more than five days, if the work in this organization is the main one for the employee.
The work book contains information about the employee, the work he performs, transfers to another permanent job and the dismissal of the employee, as well as the grounds for termination of the employment contract and information about awards for success in work. Information about penalties is not entered into the work book, except in cases where the disciplinary sanction is dismissal.
A collective agreement is a legal act regulating social and labor relations in an organization and concluded by employees and the employer represented by their representatives (Article 40 of the Labor Code of the Russian Federation).
Forms, systems and amounts of remuneration;
Payment of benefits, compensation;
A mechanism for regulating wages taking into account rising prices, inflation levels, and the fulfillment of indicators determined by the collective agreement;
Employment, retraining, conditions for releasing workers;
Working time and rest time, including issues of granting and duration of vacations;
Improving working conditions and safety for workers, including women and youth;
Respect for the interests of employees during the privatization of organizations and departmental housing;
Environmental safety and health protection of workers at work;
Guarantees and benefits for employees combining work with training;
Health improvement and recreation for employees and members of their families;
Monitoring the implementation of the collective agreement, the procedure for making changes and additions to it, the responsibility of the parties, ensuring normal conditions for the activities of employee representatives;
Refusal to strike if the relevant conditions of the collective agreement are met;
Other issues determined by the parties.
A collective agreement, taking into account the financial and economic situation of the employer, may establish benefits and benefits for employees, working conditions that are more favorable in comparison with those established by laws, other regulations, and agreements.
A collective agreement is concluded for a period of no more than three years and comes into force on the day it is signed by the parties or on the date established by the collective agreement. The parties have the right to extend the collective agreement for a period of no more than three years.
The collective agreement applies to all employees of this organization, its branch, representative office and other separate structural unit.
The collective agreement remains valid in the event of a change in the name of the organization or termination of the employment contract with the head of the organization.
In case of reorganization (merger, accession, division, spin-off, transformation) of an organization, the collective agreement remains in force throughout the entire period of the reorganization. When changing the form of ownership of an organization, the collective agreement remains in effect for three months from the date of transfer of ownership rights.
When reorganizing or changing the form of ownership of an organization, either party has the right to send proposals to the other party to conclude a new collective agreement or extend the validity of the previous one for up to three years. When an organization is liquidated, the collective agreement remains in force throughout the entire period of liquidation.
Agreement is a legal act establishing general principles for regulating social and labor relations and related economic relations, concluded between authorized representatives of workers and employers at the federal, regional, sectoral (intersectoral) and territorial levels within their competence. Agreements, by agreement of the parties participating in collective bargaining, can be bilateral or trilateral.
The agreement may include mutual obligations of the parties on the following issues:
Remuneration;
Labor conditions and safety;
Work and rest schedules;
Development of social partnership;
Other issues determined by the parties.
The content and structure of the agreement are determined by agreement between representatives of the parties, who are free to choose the range of issues for discussion and inclusion in the agreement. The draft agreement is developed through collective bargaining. The agreement comes into force on the day it is signed by the parties or on the date established by the agreement. The duration of the agreement is determined by the parties, but cannot exceed three years. The parties have the right to extend the agreement for a period of no more than three years.
The agreement applies to workers and employers who have authorized the relevant representatives of the parties in collective bargaining to develop and conclude it on their behalf, to state authorities and local governments within the limits of the obligations they have assumed, as well as to workers and employers who have acceded to the agreement after his conclusion.
The agreement applies to all employers who are members of the association of employers that entered into the agreement. Termination of membership in an employers' association does not relieve the employer from fulfilling the agreement concluded during the period of his membership. An employer who joined an association of employers during the period of validity of the agreement is obliged to fulfill the obligations stipulated by this agreement.
Changes and additions to collective agreements and agreements are made in the manner established by the Labor Code of the Russian Federation for their conclusion.
A collective agreement or agreement within seven days from the date of signing is sent by a representative of the employer (employers) for notification registration to the relevant labor authority. The entry into force of a collective agreement or agreement does not depend on the fact of their notification registration.
When registering a collective agreement, the relevant labor authority identifies conditions that worsen the situation of workers in comparison with the Labor Code of the Russian Federation, laws, and other regulatory legal acts, and informs about this the representatives of the parties who signed the collective agreement, agreement, as well as the relevant state inspection labor. The terms of the collective agreement and agreements that worsen the situation of employees are invalid and cannot be applied.
Control over the implementation of collective contracts and agreements is carried out by the parties to the social partnership, their representatives, and the relevant labor authorities. Article 51 of the Labor Code of the Russian Federation provides that when carrying out this control, representatives of the parties are obliged to provide each other with the information necessary for this.
The conclusion of collective agreements and agreements is an important element of social partnership. Representatives of workers in social partnership are: trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions, or other representatives elected by workers in cases provided for by the Labor Code of the Russian Federation.
According to the Constitution, citizens of Russia have the right to associate in trade unions (Article 30). Representation and protection of labor rights and socio-economic interests of workers is the main direction of trade union activities.
A trade union is a voluntary public association of citizens connected by common production and professional interests in their occupation, created for the purpose of representing and protecting the social and labor interests of workers. Traditionally, trade unions are intermediaries in the process of regulating individual labor relations between workers - trade union members and employers.
The role of trade unions in the labor sphere is largely determined by their legal status in society. The legal status of Russian trade unions is enshrined in the Federal Law “On Trade Unions, Their Rights and Guarantees of Activities” dated January 12, 1996 N 10-FZ (as amended on December 8, 2003) and in Chapter 58 of the Labor Code of the Russian Federation.
Termination of an employment contract.
In accordance with Article 77 of the Labor Code of the Russian Federation, the grounds for termination of an employment contract are:
Agreement of the parties;
Expiration of the employment contract, except for cases where the employment relationship actually continues and neither party has demanded its termination;
Termination of an employment contract at the initiative of the employee;
Termination of an employment contract at the initiative of the employer;
Transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);
An employee’s refusal to continue working due to a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization;
An employee’s refusal to continue working due to a change in the essential terms of the employment contract;
Refusal of an employee to transfer to another job due to health conditions in accordance with a medical report;
The employee’s refusal to transfer due to the employer’s relocation to another location;
Circumstances beyond the control of the parties;
Violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work.
An employment contract may be terminated on other grounds provided for by the Labor Code and other federal laws.
The employee has the right to terminate the employment contract by notifying the employer in writing two weeks in advance. By agreement between the employee and the employer, the employment contract can be terminated before the expiration of the notice period for dismissal.
Article 81 of the Labor Code of the Russian Federation lists the grounds for termination of an employment contract at the initiative of the employer:
1) liquidation of the organization or termination of activities by the employer - an individual;
2) reduction in the number or staff of the organization’s employees;
3) the employee’s incompatibility with the position held or the work performed due to:
Health conditions in accordance with a medical report;
Insufficient qualifications confirmed by certification results;
4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);
5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;
6) one-time gross violation of labor duties by an employee:
Absenteeism (absence from the workplace without good reason for more than four hours in a row during the working day);
Appearing at work in a state of alcohol, drug or other toxic intoxication;
Disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties;
Committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a resolution of an authority authorized to apply administrative penalties;
Violation by an employee of labor protection requirements, if this violation entailed serious consequences (industrial accident, accident, catastrophe) or knowingly created a real threat of such consequences;
7) commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;
8) the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;
9) adoption of an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
10) one-time gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
11) the employee submits forged documents or knowingly false information to the employer when concluding an employment contract;
12) termination of access to state secrets if the work performed requires access to state secrets;
13) provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization;
14) in other cases established by the Labor Code and other federal laws.
Article 83 of the Labor Code of the Russian Federation provides for cases of termination of an employment contract due to circumstances beyond the will of the parties:
Calling up an employee for military service or sending him to an alternative civilian service that replaces it;
Reinstatement of an employee who previously performed this work by decision of the state labor inspectorate or court;
Failure to be elected to office;
Conviction of an employee to a punishment that precludes the continuation of previous work, in accordance with a court verdict that has entered into legal force;
Recognition of the employee as completely disabled in accordance with a medical report;
Death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing;
The occurrence of emergency circumstances that impede the continuation of labor relations (military action, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a government body of the relevant constituent entity of the Russian Federation.
Special grounds for termination of an employment contract are the situations provided for in Article 84 of the Labor Code of the Russian Federation. Thus, an employment contract is terminated due to a violation of the rules for its conclusion established by the Labor Code or other federal law (clause 11 of Article 77 of the Labor Code of the Russian Federation), if violation of these rules excludes the possibility of continuing work, in the following cases:
Concluding an employment contract in violation of a court verdict depriving a specific person of the right to occupy certain positions or engage in certain activities;
Concluding an employment contract to perform work that is contraindicated for a given person for health reasons in accordance with a medical report;
Absence of an appropriate document on education, if the work requires special knowledge in accordance with federal law or other regulatory legal acts;
In other cases provided for by federal law.
Termination of an employment contract in the cases specified in part one of this article is carried out if it is impossible to transfer the employee with his written consent to another job available to the employer.
In the event of termination of an employment contract in accordance with paragraph 11 of Article 77 of the Labor Code, the employer must pay the employee severance pay in the amount of average monthly earnings, provided that the violation of the rules for concluding an employment contract was not the fault of the employee.
The dismissal of an employee by way of transfer at his request or with his consent to work for another employer is carried out if there is official letter from the management of the organization where the employee is going to move. This letter and the employee’s personal statement are the basis for an order for dismissal by transfer, subject to a positive decision given by the employer at the employee’s place of work. He may not give such consent, then the dismissal either will not take place or will occur due to at will. In the latter case, the employee will lose the guarantee of employment with the inviting employer and the promised workplace he may not be granted. Employment guarantees are enshrined in Article 64 of the Labor Code of the Russian Federation, according to which it is prohibited to refuse to conclude an employment contract to employees invited in writing to work by way of transfer from another employer, within one month from the date of dismissal from their previous place of work on this basis.
If an employee is elected to an elective job (position) in another organization, in order to dismiss him from his previous job, it is sufficient to present at the place of work the minutes of the meeting that vested him with powers in connection with this election, and his personal statement requesting dismissal.
Employment contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work for a specified labor function, provide working conditions, pay the employee wages on time and in full, and the employee undertakes to personally perform this labor function and comply with the internal rules in force in the organization labor regulations.
Parties- employer and employee.
The employment contract is concluded in writing, in two copies, which are signed by the parties. One copy of the contract is given to the employee, the other is kept by the employer.
1) place of work (structural unit);
2) start date of work;
3) name of the position, specialty, profession indicating qualifications in accordance with staffing table or a specific job function. If the performance of work in certain positions, specialties or professions is associated with the provision of benefits or restrictions, then the names of such positions, specialties and professions must correspond to the names and requirements specified in the qualification reference books;
4) rights and obligations of the employee;
5) rights and obligations of the employer;
6) characteristics of working conditions, compensation and benefits to employees for working in difficult, harmful or dangerous conditions;
7) work and rest schedule (if for a given employee it differs from general rules in the organization);
8) terms of remuneration (size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments);
9) types and conditions of social insurance.
An employment contract may contain conditions on probation, on non-disclosure of secrets protected by law (state, official, commercial and other), on the employee’s obligation to work after training for at least a specified period if the training was at the expense of the employer, and other conditions that do not worsen the provisions employee compared to the Labor Code of the Russian Federation.
The terms of an employment contract can only be changed by written agreement of the parties.
An employment contract can be concluded with citizens over 16 years of age (in some cases - 15 years of age).
Employment contracts can be concluded:
1) for an indefinite period;
2) for a certain period - no more than 5 years (fixed-term employment contract).
Fixed-term employment contract consists in cases where the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be performed or the conditions of its implementation.
Concluding an employment contract is process of hiring as an employee.
Hiring is carried out on the principle of selecting personnel based on business qualities, and unreasonable refusal to hire is prohibited.
The conclusion of an employment contract is allowed for 9 persons who have reached the age of 16 years, 15 years - in cases of receiving basic general education or leaving a general education institution in accordance with federal law. With the consent of one of the parents (guardian, trustee) and the assessment and trusteeship body, an employment contract can be concluded with students who have reached the age of 14 to perform light labor in their free time from school that does not harm their health and does not disrupt the learning process.
Employment test:
When concluding an employment contract, a test may be provided for the employee to check his suitability for the assigned work.
The probationary clause must be specified in the employment contract. If there is no probation clause in the employment contract, this means that the employee was hired without a trial.
There is no hiring test:
1) for persons applying for work through a competition for filling the corresponding position, held in the manner prescribed by law;
2) for pregnant women;
3) for persons under the age of 18;
4) for persons who have graduated from educational institutions of primary, secondary and higher vocational education and enter work in the acquired specialty within a year after receiving the education document;
5) for persons elected (selected) to an elective position for paid work;
6) for persons invited to work as a transfer from another employer as agreed between the employers;
7) in other cases provided for by the Labor Code of the Russian Federation, the laws of the Russian Federation and the collective agreement. The trial period cannot be more than 3 months. For heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices and other separate structural divisions of organizations - 6 months.
When hiring for seasonal work, the trial cannot exceed 2 weeks.
The period of temporary incapacity for work and other periods when the employee was actually absent from work are not included in the probationary period.
The test results are assessed by the employer. If the test result is satisfactory, then the employment relationship continues; if the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee on the basis of Art. 71 Labor Code of the Russian Federation.
If the test result is unsatisfactory, the employer may terminate the employment contract with the employee before the expiration of the test period by notifying him in writing no later than 3 days in advance, indicating the reasons that served as the basis for recognizing the employee as having failed the test. The employee has the right to appeal the employer's decision in court.
If the test result is unsatisfactory, the employment contract is terminated without taking into account the opinion of the trade union body and without payment of severance pay.
If the probation period has expired and the employee continues to work, then he is considered to have passed the test, and subsequent termination of the employment contract is possible on a general basis.
If during the probationary period the employee decides that the job is not suitable, he has the right to terminate the employment contract at his own request, giving 3 days’ notice in writing.
Article 65 of the Labor Code of the Russian Federation determines list of documents that a citizen presents to the employer when concluding an employment contract:
1) passport or other identity document.
The passport can be replaced by another document identifying the citizen:
a) birth certificate - for persons under 16 years of age;
b) a foreign passport - for citizens permanently residing abroad who are temporarily in the territory of the Russian Federation;
c) identification card - for military personnel (officers, warrant officers, midshipmen);
d) military ID - for soldiers, sailors, sergeants and foremen doing military service by conscription or contract;
e) a certificate of release from places of imprisonment - for persons released from places of imprisonment;
f) other documents issued by internal affairs bodies identifying the citizen;
2) work record book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;
3) insurance certificate of state pension insurance;
4) military registration documents - for those liable for military service and persons subject to conscription for military service.
When hiring, the employer has the right to demand from citizens who are in the reserve military tickets (temporary certificates issued in place of military tickets), and from citizens subject to conscription for military service - certificates of citizens subject to conscription for military service; 5) a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training. Taking into account the specifics of the work, the employer has the right to demand submission of additional documents:
1) medical report on health status;
2) certificates from the Federal Tax Service regarding the provision of information on property status. In some cases, when hiring, citizens must undergo a mandatory medical examination and provide the employer with a medical certificate. In accordance with Art. 266 of the Labor Code of the Russian Federation, persons under the age of 18 are hired only after a preliminary compulsory medical examination and subsequently, until they reach the age of 18, are subject to a compulsory medical examination annually. A medical certificate must be presented to persons applying for work in public catering, trade, food industry, work directly related to the movement of vehicles, etc.
Prohibited demand from a person applying for a job documents not required by law.
Work book- a document of the established form, which is the main confirmation of the employee’s work activity and length of service.
An employer (except for an individual employer) is obliged to keep a work book for each employee who has worked in an organization for more than 5 days, if the work in this organization is the main one for the employee.
The form, procedure for maintaining and storing work books, as well as the procedure for producing work book forms and providing them to employers are established by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”.
Work records are kept in Russian, and on the territory of a republic within the Russian Federation that has established its own state language, along with the Russian language, they can also be kept in the state language of that republic.
During work, the work book is kept by the employer and is given to the employee upon dismissal on the day of dismissal.
The registration of a work book for an employee hired for the first time is carried out by the employer in the presence of the employee no later than a week from the date of hiring.
1) last name, first name, patronymic, date of birth - on the basis of a passport or other identity document;
2) education, profession, specialty -
based on educational documents,
Entries about work performed, transfer to another permanent job, qualifications, dismissal, as well as awards made by the employer are entered into the work book on the basis of an order no later than a week. Upon dismissal, entries are made on the day of dismissal and must correspond to the text of the order. All entries are made without abbreviations and have a serial number.
Information about penalties is not entered into the work book (except for dismissal).
The employer is obliged, upon a written application from the employee, no later than 3 days from the date of its submission, to issue the employee with a copy of the work book or a certified extract from the work book.
The employer is obliged to familiarize each entry made about work performed, transfer to another permanent job and dismissal to its owner against a signature in his personal card.
At the request of the employee, information about part-time work is entered into the work book at the place of main work.
Entries in the work book about the reasons for termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation or federal laws and with reference to the relevant article and paragraph of the Labor Code of the Russian Federation.
The work book is issued to the employee on the day of dismissal. If there is a delay due to the fault of the employer or an incorrect entry is made, the employer is obliged to compensate the employee for the earnings he did not receive during the delay.
§ 8. Employment agreements (contracts)
An employment contract is one under which an employee undertakes to personally perform a certain labor function or work in a certain specialty, qualification, position, subject to internal labor regulations, and the employer undertakes to pay him wages and provide working conditions provided for by labor legislation, a collective agreement and agreement of the parties . The parties to the contract are the employee and the employer. Any organization that is a legal entity or individual entrepreneur can act as an employer.
Mandatory conditions mean such conditions, in the absence of an agreement on which the employment contract is not considered concluded and does not give rise to an employment relationship. Additional conditions do not affect the existence of the employment contract. This classification reflects the different scope of rights and obligations assumed by the parties when concluding it.
The mandatory terms of an employment contract include the following. 1.
Conditions about the place of work. The place of work is understood as an enterprise located in a certain area where the employee will exert his labor efforts (settlement) with an indication of the structural unit. A subsequent change of place of work by the employer without the consent of the employee is not permitted. 2.
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Condition on the start date of work. This is the date from which the contract comes into force and rights and obligations arise. Usually this point is established at the conclusion of the contract, but if it is absent, the period of work is calculated from the moment of actual admission to work. 3.
Labor function condition. The nature of specific labor operations that an employee will have to perform may change. It is important that they are all within the specialty, qualification, position or type of work performed, determined upon entry to work. So, if the driver is entrusted with loading and unloading transported cargo, he may object, since this type of activity does not relate to his specialty. The performance of other labor functions in addition to those stipulated in the contract may become mandatory for the employee only on the basis of an additional agreement with the employer. 4.
Salary clause. When paying employees, both tariff rates, salaries, and a non-tariff system can be used. The type, remuneration system, tariff rates, bonuses, and other incentive payments are determined by the enterprise independently.
5. Other conditions provided for by legislative and corporate acts.
Additional terms of the employment contract also depend on the discretion of the parties. The only requirement for additional conditions is that they must not contradict legislation and other regulations, in particular corporate ones. They can be very diverse both in nature and purpose. Among them are the following.
1. Condition regarding the validity period of the employment agreement. Employment contracts are concluded: a) for an indefinite period; b) for a specified period of not more than five years.
An employment contract for an indefinite period is an ordinary employment contract, the conclusion of which allows the application of a full set of guarantees of the legal status of the employee, provided for by the Labor Code of the Russian Federation. That is why working under this employment contract is the best option for the employee.
A fixed-term employment contract (often also called a contract) is concluded for a period of no more than five years. For some time now, many organizations have begun to practice concluding this particular type of contract. However, it is important to remember that in this case, in many respects legal status employee is getting worse. Firstly, the employee, having concluded such an agreement, seems to veto dismissal at his own request. Such a contract, at the initiative of the employee, can be terminated only in the event of his illness or disability, which prevents the performance of work under the contract, violation by the administration of labor legislation, a collective or labor agreement, and for other valid reasons. Secondly, the continuation of relations with the employee after the expiration of the period specified in the contract depends entirely on the will of the administration. She can use her right to conclude another contract to put pressure on the employee, forcing him, for example, to vacate office premises, etc. Therefore, the legislator established that a fixed-term employment contract can be concluded only in cases where labor relations cannot be established on for an indefinite period, taking into account the nature of the work to be performed, or the conditions for its implementation, or the interests of the employee, as well as in cases directly provided for by law. Therefore, if a conflict arises with the administration, an employee on a fixed-term contract has a chance to defend his rights in court, citing the illegality of the employer’s introduction of a contract employment system.
A type of fixed-term contract is a contract for the duration of certain work. Its peculiarity is that it is impossible to determine the exact expiration date of the employment contract. But nevertheless, it must indicate specific events or actions, the probability of which the parties have no doubt and the occurrence of which terminates the employment relationship (for example, the closure of a summer health camp). 2.
Test condition. This condition may be provided for by the parties in order to verify the qualifications of the employee in accordance with the assigned work. It must be specified in the order and cannot exceed three months in duration, and for managers - six. This period does not include sick time and other periods when the employee was absent from work due to good reason. 3.
Operating mode conditions. As a rule, the employee submits general regime work, if established by the employer at the enterprise. But in relation to him, an individual work schedule, part-time work, non-attendance days, flexible working hours, a working day divided into several parts, etc. can be determined. It is important that his working week did not exceed 40 hours. 4.
Conditions for transportation to work. Typically, this condition plays a large role if the place where the work is performed is located at a considerable distance, as in road construction, or when the working day begins (or ends) too early (or too late), for example, for transport drivers, or when the work involves traveling and is required to reimburse travel costs, and in other cases. In the normal nature of work, this condition is usually not discussed. 5.
Condition on non-disclosure of secrets protected by law (state, official, commercial and other).
Conditions for the provision of housing. We can talk about the provision of temporary or permanent housing, in the future or in the present, capital housing or not related to such, separate or in a communal apartment, on credit or with full payment, etc. This condition is so important that usually employees insist on detailed written documentation.
7. Condition on the obligation to work for a certain period after training (if the training was carried out at the expense of the employer).
The list of additional conditions can be continued. The needs, interests, and capabilities of the parties can be very different, and they have the right to resolve all issues related to them independently. However, both mandatory and additional terms of the employment contract should not worsen the situation of workers in comparison with labor legislation.
An employment contract is considered concluded if the parties have agreed on all its essential (basic, mandatory) terms. Such an agreement must be recorded in writing (in duplicate) and documented in an employment order, on which the employee’s signature is required.
The administration is obliged to require that applicants for work provide, in addition to a passport, a work book. For part-time workers, work books are kept at the place of their main job. They contain information about the employee, the work performed, as well as incentives and awards for success at work. Penalties are not entered into the work book. Entries about the reasons for dismissal in the work book must be made in strict accordance with current legislation and with reference to the relevant article, paragraph of the law.
In practice, employment agreements are very common. Their legal nature is heterogeneous. This can be either an employment contract or a contract agreement. Both types of contracts involve the performance of certain work by the citizen’s personal labor and for remuneration, but their legal consequences are different. If the agreement is accompanied by the inclusion of an employee in the enterprise team to perform a certain labor function or any individual assignment, if he obeys the internal labor regulations, including complying with the mandatory instructions of officials regarding his work activities, then most likely there is an employment contract. It is more difficult to answer the question of what type of contract is concluded if the employee performs work from home, such as an editor. If he is on the staff of the relevant employer and his work is not one-time, but systematic, we can talk about concluding an employment contract.
In a civil contract, the customer is more interested in the final result of the work performed, which corresponds to the terms of the contract, pays only for it and does not bear other property obligations in relation to the contractor. The latter also bears the risk of being unable to provide the final result of the work for objective reasons, while in labor relations This risk is borne by the employer (entrepreneur). When performing work under a contract, the contractor is not included in the staff of the relevant organization, is not subject to its labor regime and organizes his work independently, and the customer has no right to interfere with his work. economic activity(for example, repairing a car, apartment, setting up, servicing complex household appliances etc.).
In the field of application of labor, labor contracts are also used. Within the meaning of labor legislation, “employment agreement” and “contract” are synonymous concepts, but in practice they still differ.
A contract is a commercial agreement regarding purchase and sale labor force and its use. Usually it is concluded with an employee who has unique, special abilities to perform a certain job. The contract allows you to individualize working conditions, taking into account the characteristics of the employee’s qualifications, his business qualities, specifics of performing the work. It characterizes all stages of work performance, the rights and obligations of the employee and the employer.
A contract differs from an employment contract in the following ways: 1)
the contract always has a special written form; 2)
the contract clearly describes the mutual rights and obligations of the parties, social guarantees. It is not the labor function that is determined, but the subject of the contract, for example, the management of an enterprise, marketing, i.e., a system of measures to study the market and promote the corporation’s goods to it. Sometimes the effective characteristics of an employee’s work are indicated (for example, a certain percentage of profitability, corporate profitability, etc.); 3)
the condition of payment under the contract is purely the result of an agreement, although when reaching an agreement on this issue, the situation on the labor market is taken into account (for example, today there are clearly not enough marketing specialists), the individual qualities of the employee (for example, a marketing specialist has sufficient work experience in large commercial firms); 4)
the contract also stipulates the condition of wage indexation; 5)
the contract is concluded for a certain period, usually not exceeding five years; 6)
the contract may establish special measures of liability for failure to fulfill duties (for example, dismissal if the employee does not achieve the stipulated results, full compensation by the employee for damage caused to the enterprise as a result of his work, regardless of the form of guilt, etc.).
The contract can be concluded both with full-time employees and with those who have work activity in this organization is not the main place and type of work. Parallel contracts, for example for auditing, may be entered into with several employees. One person can work under several contracts at once. Contracts can be concluded with an employee on the staff of the enterprise to perform combined work and payment for the work performed. The contract stipulates the period for which it is concluded and indicates the amount and source of contributions for insurance.
general provisions (names of parties, details, validity period, conditions probationary period); 2)
subject of the contract (name of the work performed); 3)
responsibilities of the employer (information, technical support for the employee, library day or private day, advanced training); 4)
procedure for acceptance and evaluation of work; 5)
remuneration (payment terms, advance payments, incentive payments); 6)
working hours (flexible schedule, work in certain hours, weekends, vacations and the procedure for their provision, payment procedure); 7)
social guarantees (additional payments for vacation, sick leave, old age, obligation to find employment upon completion of work, medical, sanatorium and resort services, transport services, payment for housing, provision of housing, loan repayment in a housing construction cooperative, etc.); 8) obligations of the parties to fulfill the terms of the contract and liability for their violation (disciplinary sanctions, reduction of bonuses, compensation for material damage, termination of the contract); 9)
conditions for termination or extension of an employment contract (termination - in case of violation of the terms of the contract, liquidation of the enterprise, expiration of the term, signing of the work acceptance certificate, agreement of the parties; extension - if the work is not completed, suspended for reasons beyond the control of the parties, specified in the contract, in case of illness, etc.); 10)
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procedure for resolving disputes.
It seems that an employment contract, as understood in practice, combines elements of both an employment contract and a civil contract.
Agreement between employer and employee
Agreement between employer and employee
The parties to the employment contract are the employer and the employee. Labor - an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a designated labor function, to ensure working conditions provided for by law and other regulations, to pay the employee wages on time and in full, and the employee, for his part, undertakes to personally fulfill the labor function defined by this agreement, comply with the internal labor regulations in force of the employer.
Employment contract
An agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified job function
One copy of the employment contract is given to the employee, the other is kept by the employer.
Receipt of a copy of the employment contract must be confirmed by the employee’s signature on a copy of the employment contract kept by the employer. An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative.
Agreement between employer and employee
I’ve cooked up something, but I’m afraid I won’t finish writing something or something else. Possible You have entered into similar agreements, please look at the text and tell me if it is written in normal language and maybe something else needs to be added Scroll: Text of the agreement AGREEMENT BETWEEN EMPLOYER AND EMPLOYEE.
Kirov “___” ____________ 20___ Kirov regional state secondary school autonomous institution"Lyceum", hereinafter referred to as the "Employer", represented by director Dolgikh, acting on the basis of the Charter, on the one hand, and Suvorov, hereinafter referred to as the "Employee", on the other hand, have entered into this agreement as follows: 1.
Employment contract with an employee working for an employer - an individual
These articles indicate the features of highlighting labor employer- an individual in separate species employment contracts. When concluding an employment contract with an individual employer, the employee undertakes to perform work not prohibited by the Labor Code of the Russian Federation or other federal law, as determined by this contract.
for an indefinite period; for a certain period of no more than 5 years (fixed-term employment contract), unless a different period is established by the Labor Code and other federal laws. Parties to the employment contract of the employer - an individual The parties to the employment contract of the employer - an individual are the employee and the employer.
draw up an employment contract with the employee in writing; pay insurance premiums and other obligatory payments in the manner and amounts determined by federal laws; issue insurance certificates of state pension insurance for persons entering work for the first time. Given the legal status of the employer, the law imposes certain requirements on its relations with its employees.
How to draw up an agreement?
The agreement necessarily takes into account the interests of both parties (in the paragraphs “Rights and Responsibilities”), and also describes the range of their responsibilities, which must ensure the rights of the other party. If one of the parties to the agreement fails to fulfill its obligations, it is considered unfulfilled, that is, the party whose rights are infringed during the execution or failure to fulfill the agreement has the right to file a claim against the other party in the judicial authorities.
Contract agreement When concluding a contract agreement, you must clearly understand what this document will give you for business or your daily life.
Employment contract sample 2015
In other words, employment contracts are essentially agreements between employees and employers, according to which both parties have mutual obligations and rights.
The contract provides the employee with social guarantees, and from this point of view, it is more beneficial than the civil contract, and the employer is guaranteed high-quality performance of the required part of the work. According to latest changes in Russian legislation, the form must have the following details: first name, patronymic and last name of the employee; information about the employer who entered into the contract; name of the position and duties of the employee; duties of the employer; TIN of the employer; working conditions, identification documents of the employer and employee; date and place of preparation, signatures of the parties General Responsibilities parties to the agreement are given in Article 56 of the Labor Code of the Russian Federation, and the mandatory list of data required to be reflected in the agreement is in Article 57 of the Labor Code of the Russian Federation.
The employer uses the employee's property
If an agreement is reached, the employee is entitled to compensation, as well as reimbursement of expenses associated with their use. This norm is established in Article 188 of the Labor Code.
The amount of compensation for the use of employee property in the interests of the employer is not established by law, except when it comes to cars and motorcycles. We will write about them in the upcoming issues of the magazine.
Employment contract with the employee
This document legally establishes the rights and obligations between the employer and employee. The terms of the employment contract must not contradict the code of the Russian Federation.
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Agreement between employer and employee
56 of the Labor Code of the Russian Federation).
The employment contract indicates: the surname, name, patronymic of the employee and the name of the employer or the surname, name, patronymic of the employer - an individual who entered into an employment contract. At the same time, a change in the owner of the organization’s property is not a basis for terminating employment contracts with other employees of the organization (with the exception of the heads of the organization, his deputies and chief accountants, who can be dismissed within three months from the date of the change of owner).
The nuances of concluding an employment contract
67 Labor Code(TC), an employment contract must be concluded in writing, drawn up in two copies (one for the employee, the other for the employer), each of which is signed by the parties.
The definition of labor given in Art. 56 of the current Labor Code differs from the definition given in Art.
15 of the “old” Labor Code in that the new edition emphasizes the obligation to perform work personally (one of the main differences between civil law and contract relationships) and the employer’s obligation to pay wages on time and in full. Based on the validity period, the following types of labor contracts are distinguished: unlimited (concluded for an indefinite period) fixed-term (validity period is determined in the contract itself).
If the employment contract does not specify the duration of its validity, the contract is considered to be concluded for an indefinite period.
General provisions
Thus, the legal capacity of citizens to enter into a contract arises from general rule from 16 years of age, and only in exceptional cases can persons 15 years of age be hired.
To prepare young people for industrial work, it is allowed to employ students in general education institutions to perform light work that does not cause harm to health in their free time from school after they reach 14 years of age. The content of an employment agreement (contract) consists of a set of conditions that determine the mutual rights and obligations of the parties (employee and employer).
The main (most) part of the rights and obligations is regulated by labor legislation (LLC). The other (smaller) part of the terms of the contract is determined by agreement of the parties (personally the employee and the enterprise, i.e.
Agreement between an employee and an employer on the use of the employee’s personal vehicle for production (official) purposes
The employee, according to his position, works _______________, and due to _______________, the Employer cannot provide his own vehicle. 3. Compensation to the Employee for the use of personal vehicle for production (official) purposes is _____ (__________) rubles per working day.
4. Costs of fuels and lubricants, maintenance and vehicle repairs are/are not included in the compensation (if not included, the Employer reimburses the Employee for the specified costs based on the submission of the relevant documents). 5.
Interested in an employment agreement between employer and employee?
These articles indicate the features of separating the employment contract of an employer - an individual into a separate type of contract.
When concluding an employment contract with an individual employer, the employee undertakes to perform work not prohibited by the Labor Code of the Russian Federation or other federal law, as determined by this agreement. for an indefinite period; for a specified period of not more than 5 years ( fixed-term contract), unless a different period is established by the Labor Code and other federal laws.
General provisions
See comments to Article 56.1 of the Labor Code of the Russian Federation
Agency labor is prohibited.
Agency labor is labor performed by an employee at the order of the employer in the interests, under the management and control of an individual or legal entity that is not the employer of the employee.
Peculiarities of labor regulation of workers sent temporarily by the employer to other individuals or legal entities under an agreement on the provision of labor to workers (personnel), are established by Chapter 53.1 of this Code.
Information about changes:
Federal Law No. 421-FZ of December 28, 2013 introduced amendments to Article 57 of this Code, which come into force on January 1, 2014.
Article 57. Contents of the employment contract
See Encyclopedias and other comments to Article 57 of the Labor Code of the Russian Federation
The employment contract specifies:
surname, name, patronymic of the employee and name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;
information about documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs);
information about the employer’s representative who signed the employment contract and the basis on which he is vested with the appropriate powers;
place and date of conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
place of work, and in the case where an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area - place of work indicating the separate structural unit and its location;
labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work assigned to the employee). If, in accordance with this Code and other federal laws, the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the name of these positions, professions or specialties and qualification requirements they must comply with the names and requirements specified in the qualification reference books approved in accordance with the procedure. established by the Government of the Russian Federation, or the relevant provisions of professional standards;
the date of commencement of work, and in the case where a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;
terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);
working hours and rest hours (if for a given employee it differs from the general rules in force for a given employer);
guarantees and compensation for work under harmful and (or) dangerous working conditions, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
condition on compulsory social insurance of the employee in accordance with this Code and other federal laws;