New sample employment contract. Mode of activity and rest. The employer has the right

21.09.2019

A standard employment contract for microenterprises is a special form of employment contract, which is approved at the government level. In the article we will talk about the features of such an employment contract: what it is, which companies are allowed to conclude them, how to fill it out, what are the advantages and disadvantages, and whether this will really help reduce the burden on SMEs - administrative and documentary.

Since January 1, 2017, a standard form of employment contract with a micro-enterprise employee has appeared in Russia. Its form and procedure for registration are approved by Government Decree No. 858 dated August 27, 2016. This standard form is notable, first of all, for the fact that microenterprises can replace all personnel documents with it. This is provided for by the norms of Federal Law dated July 3, 2016 No. 348-FZ. There is no need to write hiring and dismissal orders; you don’t have to develop various shapes for personnel, and replace them with just one form of employment contract developed by officials. How convenient is this?

Micro-enterprises and other employers: who can use the standard form of an employment contract with an employee

It was initially assumed that the sample 2019 standard employment contract would be intended for micro-enterprises. This status is given to organizations and entrepreneurs that employ no more than 15 people, and whose income for last year amount to no more than 120 million rubles. All micro-enterprises that decide to apply standard form, are exempt from other personnel documents. In particular, they may not amount to:

internal regulations;
wage regulations;
bonus regulations;
orders for hiring and dismissal.

All necessary criteria, rules and other conditions can be specified directly in the employment contract with the employee. In order to introduce such a procedure for personnel document flow in an organization, it is enough to simply record the use of a standard form in the order. But can this form be used by other organizations that do not fall into the micro category? Of course yes.

Moreover, the standard form can save them from possible fines under Article 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for liability for “evasion of formalization or improper execution of an employment contract or the conclusion of a civil law contract that actually regulates labor relations between the employee and the employer.” But the standard form of an employment contract includes all the necessary conditions. Article 57 of the Labor Code of the Russian Federation, which regulates the requirements for employment contracts between employers and their employees. There is only one important “but”: this document does not relieve anyone except micro-enterprises from the obligation to prepare all other personnel documentation.

Mandatory provisions of an open-ended employment contract

According to Article 57 of the Labor Code of the Russian Federation, they are:

employer details and full name employee;
employer's TIN and employee's passport details;
indication of the place of conclusion of the contract and the date, as well as the place of work;
information about what kind of work is to be performed (name of position (profession) and job responsibilities);
deadline for starting work;
size and terms of salary payment (indicating specific dates and place of payments);
work and rest schedule;
information about social insurance;
information on working conditions based on the results of a special assessment;
additional conditions, if necessary (if working conditions are recognized as harmful or dangerous, appropriate compensation should be prescribed; if the nature of the work is specific, indicate what kind of work it is).

What cannot be included in an employment contract:

You cannot enter into a fixed-term employment contract without compelling reasons.
It is impossible to combine the main job and part-time work in one employment contract (such part-time work is not prohibited, but there must be 2 different contracts for this).
It is impossible to establish in an employment contract a labor regime that violates the provisions Labor Code(for example, oblige a minor to work 40 hours a week).
It is impossible to include in an employment contract a condition on the payment of wages below the minimum wage (or not to take into account “northern allowances”).
It is impossible to specify only one date per month in the terms of payment of wages.

Sample of a standard employment contract with an employee 2019 and the procedure for filling it out

The full form of a typical employment contract between an employer and an employee includes many different situations and wording. However, the organization has an excellent opportunity to leave in the form only the information that is necessary to work with a specific employee. Anything unnecessary can simply be removed. This standard employment contract is unique in that officials have included correct wording in it that complies with the norms of the Labor Code of the Russian Federation for all possible situations. It even has sections that cover remote and home workers. The only thing that is not provided for by this document is the employment of foreign citizens. In fact, legislators have placed many types of employment contracts in one form.

So, the decision to use the standard form has been made and now it must be filled out correctly. Let's take a closer look at this procedure, and then you can download a free sample employment contract 2019. The approved standard form contains as many as 38 points, combined into 11 chapters. Since we have already figured out above that in each specific case only some of them will be needed, let’s talk about filling out the most important parts of the standard form that apply to most employees.

For example, let’s look at how a micro-enterprise can draw up employment contracts in 2019: a sample will show an agreement with the manager of the sales department. Step by step instructions, which we ended up with looks like this:

Step 1. Chapter " General provisions» is required to be completed in all cases. It should indicate the full name of the employer and its address, as well as the last name, first name, patronymic and position of the future employee.

In addition, if necessary, the test period established for the new specialist, as well as the nature of his work: main or part-time, is also indicated here. In the same chapter, you should indicate the period for which the employment contract was concluded, if it is fixed-term. This information is additional and must be filled in if necessary. It is also necessary to indicate at what point the employee begins work. And also note where his workplace will be located, or note the traveling nature of the work. For example, in our case, a sales manager must travel around the city to conclude sales transactions with clients. If the work does not have any special features, you can indicate that “the employee does not have a special nature of the work.”

When hiring a home worker, you will need to fill out clause 9.1 or 9.2 in the “General Provisions” section. They need to provide a list of equipment that such an employee will use, as well as the procedure and timing for providing it. necessary materials for work (if he needs them). You can also provide for the payment of compensation for the use of personal property for business purposes and indicate its amount and payment deadlines. In the case of remote employees, it is very important to indicate the length of work and rest time.

Step 2. The section “Employee Rights and Responsibilities” specifies exactly what job functions the new specialist will perform. Typically, this part of the form remains with standard terms, but the employer can indicate specifics at the end of each subsection.

Step 3. Section “Rights and Responsibilities of the Employer”. Similarly, with the second section, you can leave all the points proposed by officials, and also, if necessary, add your own. For example, indicate what tools and equipment the employee will be provided with.

Step 4. Section “Employee remuneration”. This is a very important part of the document and it is necessary to pay attention to it special attention in the event that the organization refused to accept the provisions on remuneration. Here it is necessary to specify in detail what the salary consists of. A standard employment contract provides for several types of payments, next to each of which you must indicate the amount:

official salary;
compensation payments (for work in hazardous conditions, use of personal transport, etc.);
incentive payments (bonuses and incentives);
other payments.

In addition to the amount, you must indicate the conditions for receipt and frequency. Also, the employment contract must define specific terms for payment of wages and methods for receiving them.

Step 5. Section “Working time and rest time of the employee.” Here you need to write about the length of the working day, rest time, weekends and vacation. Only fill in the lines that are necessary.

Step 6. Section "Occupational Safety and Health". Here you should indicate the working conditions established for the employee, and also note the mandatory and frequency of medical examination. If the employee is entitled to funds personal protection, you need to indicate which ones.

Step 7 Section “Social insurance and other guarantees”. This section is filled out when paying an employee for training, a voluntary health insurance policy, compensation for the cost of rental housing, vouchers to sanatoriums and other social guarantees.

Step 8 The section “Other terms of the employment contract” is very short. Most often, its completion is required when employing homeworkers or when concluding an agreement with individual entrepreneur. Here you can also specify the grounds for terminating the relationship between employee and employer, other than those provided for Labor Code of the Russian Federation.

Step 9 The section “Changing the terms of the employment contract” usually contains general information that the terms of an employment contract can only be changed by agreement of the parties. As a rule, nothing needs to be changed or supplemented.

Step 10 The section “Responsibility of the parties to an employment contract” also contains standard conditions suitable for most cases.

Step 11 Section 11 "Final Provisions". Here the employee must sign all the rules and regulations with which he is familiar. These include a collective agreement (if there is one), job responsibilities, initial training on labor protection and civil defense, various instructions and routines. At the end, the full details of the employer and employee must be indicated and the signatures of both parties to the contract must be indicated. The employee must also sign that he has read the entire text of the contract and has received its second copy.

We talked about what kind of employment contract can be concluded with an employee: the 2019 sample shows all the stages of working on the document step by step. A unified employment contract (form) will optimize the work of the HR department not only in micro-enterprises, but also in other organizations. The main thing is to monitor all changes in legislation in a timely manner and make the necessary adjustments to the document as needed when hiring new employees. A sample employment contract with an employee 2019 can help with your work (variants of contracts with different specialists were prepared by PPT experts).

Article 5.27 of the Code of Administrative Offenses of the Russian Federation, for violations in the field labor relations the fines are:

for the head of the enterprise - 10,000-20,000 rubles;
for a legal entity - 50,000-100,000 rubles;
for individual entrepreneurs - 5,000-10,000 rubles.

Description

What does it do?

The contract designer will automatically generate an employment contract. You only need to correct the data in red to your own. You can download the agreement in Word. As a result, 240 variants of employment contracts can be generated.

Who needs it?

Organizations, individual entrepreneurs and individuals concluding an employment contract.

Price

Using the contract designer is free, without sending SMS and without registration.

Data entry (everything is free!):

EMPLOYMENT AGREEMENT No. (agreement number) dated 03/26/2019

(LLC, CJSC, OJSC, ...) " (Name of organization)“, represented by (full name), acting on the basis of the Charter, hereinafter referred to as “Employer”, on the one hand, and gr. Russia (full full name) on the basis of the Charter, hereinafter referred to as the “Employee”, entered into this employment contract on the following terms:

1. General provisions

1.1. Worker (full full name), is hired (place of work, structural unit)
, by profession (position) (full name of profession (position) according to ETKS),
qualifications (positions) (rank, qualification category) (optional),
With (“____”_____________20___ (start date))

1.2. Type of employment contract: For an indefinite period

1.3. Probation period: No probation period

1.4. The work performed under this contract is part-time work.

2. Rights and obligations of the Employee

2.1. The employee has the right to:

– amendment and termination of this employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws;

– providing him with work stipulated by this agreement;

– a workplace with working conditions that meet the requirements of state standards of organization, safety and hygiene;

– timely and in in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

– compensation for harm caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;

– other rights provided for in Art. 21 and 219 of the Labor Code of the Russian Federation.

2.2. The employee is obliged:

- observe labor discipline and internal labor regulations;

– comply with established labor standards;

– comply with labor protection and occupational safety requirements;

– treat the property of the employer and other employees with care;

– 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 employer’s property;

– conscientiously perform the following job functions: (specify functions)

3. Rights and obligations of the Employer

3.1. The employer has the right:

– change and terminate the employment contract with the employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

– encourage the employee for conscientious, effective work;

– require the employee to perform his job duties and careful attitude to the property of the employer and other employees, compliance with internal labor regulations;

– bring the employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws.

3.2. The employer is obliged:

– comply with laws and other regulatory legal acts, local regulations, and the terms of this employment contract;

– provide the employee with the work stipulated by this agreement;

– ensure labor safety and conditions that meet occupational safety and health requirements;

– provide the employee with equipment, tools, technical documentation and other means necessary to perform job duties;

– pay the full amount of wages due to the employee within the terms established by the Labor Code of the Russian Federation, internal labor regulations, and the employment contract;

– provide sanitary, medical and preventive services to the employee in accordance with labor protection requirements;

– carry out compulsory social insurance of the employee in the manner established by federal laws;

– to compensate for damage caused to the employee in connection with the performance of his labor duties, as well as to compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation and other regulatory legal acts;

– perform other duties provided for by the Labor Code of the Russian Federation, federal laws, and other regulatory legal acts containing labor law norms.

4. Characteristics of working conditions

4.1. Characteristics of working conditions: In accordance with the workplace certification card ((or with a special assessment of working conditions)) (the main characteristics of the work and the requirements for the level of their implementation are indicated: in an office building / on the street / at the employee’s home / at the enterprise, if a special assessment has been carried out, then the class of working conditions is also indicated),

4.2. Compensations and benefits for working in difficult, harmful and (or) dangerous conditions: (allowed in size_____ / not allowed)

4.3. Salary is paid: (5th and 20th of every month)

5. Work and rest schedule

5.1. Working hours: regular work schedule

5.2. Start of work (9:00), end of work (18:00),
break for rest and food from (13:00) to (14:00);
Weekends: (Saturday, Sunday.);

5.3. The employee is entitled to annual leave in accordance with the vacation schedule:
main duration ___28____ calendar days;
additional duration (___) calendar days.

6. Social insurance

6.1. Social insurance conditions directly related to labor activity Employee: all types of state social insurance and other insurance provided for by the collective agreement.

7. Remuneration

7.1. Employee remuneration conditions (amount of tariff rate or salary, additional payments, allowances, incentive payments)

8. Changes to the employment contract

8.1. The terms of this employment contract can only be changed by agreement of the parties and in writing;

8.2. Issues not regulated by this employment contract are regulated by the Labor Code of the Russian Federation and federal laws.

9. Entry into force of the employment contract

9.1. This employment contract is drawn up in 2 copies, each of which is signed by the parties. After registering in in the prescribed manner in the department of labor relations and labor protection of the Committee social protection population and youth policy, one copy of the employment contract is given to the employee, the other is kept by the employer;

9.2. Employment contract comes into force on the date of its signing, unless otherwise provided by law or this employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer. If the employee does not start work on time without good reason within a week, the employment contract is canceled.

10. Other terms of the agreement

10.1. To the extent not provided for by this Agreement, the Parties are guided by laws, other regulatory legal acts and the Charter of the enterprise.

11. Data of the Parties

Employer:

(LLC, CJSC, OJSC, ...) " (Name of organization)"

Address:

Postal address: (111111, Moscow, PO Box 111)

TIN (611106562222)

account number (11102810700000000222)

(CJSC CB "Petrov Bank")

c/s (11101810100000000222)

BIC bank (226012222)

Phone (+79081112121)

email: ( [email protected]}

Signature__________

Worker:

(full name) (individual)

Passport number (1111 123456 issued by the Department of Internal Affairs of the BEAUTIFUL district of Izumrudny on December 12, 1911)

Address: (111111 Moscow, Stroiteley str. 11)

Signature__________

The government has released a model employment contract form.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT THE STANDARD FORM OF AN EMPLOYMENT CONTRACT,

CONCLUDED BETWEEN THE EMPLOYEE AND THE EMPLOYER - SUBJECT

SMALL BUSINESS WHICH RELATES

TO MICROENTERPRISES

In accordance with Article 309.2 of the Labor Code Russian Federation The Government of the Russian Federation decides:

1. Approve the attached standard form of an employment contract concluded between an employee and an employer - a small business entity that is classified as a micro-enterprise.

2. The Ministry of Labor and Social Protection of the Russian Federation must provide explanations on the use of the standard form approved by this resolution.

3. This resolution comes into force on the date of entry into force of the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises.”

Chairman of the Government

Russian Federation

D.MEDVEDEV

Approved

Government resolution

Russian Federation

STANDARD FORM

an employment contract concluded between an employee

and the employer - a small business entity,

which refers to micro-enterprises

_____________________________ "__" _____________ ____ G.

(place of imprisonment (city, (date of imprisonment)

locality)

(full name of employer)

hereinafter referred to as the employer, represented by ______________________________

__________________________________________________________________________,

(information about the employer’s representative - last name, first name, patronymic,

position of a person authorized to represent the employer

in labor relations)

acting on the basis of ________________________________________________,

(the basis on which the representative

the employer is endowed with appropriate

powers - constituent documents

legal entity indicating their date

approvals, local regulations

(if available), power of attorney indicating by whom

and when issued, another)

on the one hand, and ________________________________________________________________,

(last name, first name, patronymic of the employee)

hereinafter referred to as an employee, on the other hand, hereinafter referred to as

The Parties, guided by the Labor Code of the Russian Federation (hereinafter -

Code), federal laws and other regulatory legal acts,

below.

I. General provisions

1. The employer provides the employee with work:

(name of position, profession or specialty indicating

__________________________________________________________________________,

qualifications)

and the employee undertakes to personally perform the specified work in accordance with

terms of this employment contract.

2. An employee is hired:

(the place of work is indicated, and if the employee

accepted to work in a branch, representative office or other

a separate structural unit of the organization,

located in another area - place of work indicating

separate structural unit and its

location)

3. Additional conditions (filled in if necessary)

__________________________________________________________________________.

(indication of the location of the workplace, name of the structural

division, site, laboratory, workshop, etc.)

4. Labor (job) responsibilities are established (specify as necessary)

__________________________________________________________________________.

(in this employment contract (subparagraph “a” of paragraph 11)/

in the job description)

5. The employee starts work with “__” ___________________.

6. Agreement is concluded with the employee (to be specified)

__________________________________________________________________________.

(employment contract for an indefinite period/fixed-term employment contract)

In case of concluding a fixed-term employment contract:

validity period of the employment contract _____________________________________;

(duration, end date

employment contract)

circumstances (reasons) that served as the basis for the conclusion

federal law (specify as required) ________________________________.

7. The employee has a _______________________________________________ test.

(installed/not installed)

The test period is determined by the duration of _________________

Months (weeks, days).

(to be completed when testing is established)

8. This employment contract is an agreement ______________________

_____________________________________________________ (specify as required).

(main job/part-time job)

9. The employee _____________________________________ special nature of the work

(has/does not have)

(specify if necessary) ______________________________________________.

(traveling, on the road, mobile, remote,

home-based, different type of work)

9.1. Terms of the employment contract related to the specifics of performance

remote work (to be filled out in the employment contract with remote

employee):

9.1.1. The work specified in paragraph 1 of this employment contract,

carried out:

a) by exchanging electronic documents ___________________________________;

b) using __________________________________________________;

(reinforced qualified electronic digital

signatures (digital signature)/digital signature is not used)

c) using (listed if necessary)

___________________________________________________________________________

(equipment, software and hardware, protective equipment

information, other means

(provided by the employer (procedure and terms of provision)/

owned by the employee/rented by the employee)

d) using (specify as required) _____________________________

__________________________________________________________________________;

(information and telecommunications network "Internet", other

public information and telecommunications network, other)

9.1.2. For the use of property owned or leased by the employee

equipment, software and hardware, the Internet, other

funds specified in subparagraphs “c” and “d” of paragraph 9.1.1 are paid to him

compensation ______________________________________________________________,

(amount, procedure and terms of payment)

other expenses related to remote work are reimbursed

___________________________________________________________________________

(reimbursement procedure)

9.1.3. The employee submits reports (information) to the employer about

work completed ______________________________________________________________.

(order of presentation, timing, frequency)

9.1.4. Receipt confirmation period electronic document from another

sides _____________________________________________.

9.1.5. Working hours and rest hours (specify as required)

___________________________________________________________________________

with the employer)

__________________________________________________________________________.

(the employee plans working hours and rest time

at your discretion)

9.1.6. Insurance certificate of compulsory pension insurance

(specify as required) _____________________________________________________.

(to be completed by the employer/employee entering

to work for the first time, gets it on his own)

9.1.7. The employer is obliged to familiarize the employee with the security requirements

labor when working with equipment and tools recommended or

provided by the employer (if equipment and facilities are provided

9.1.8. Information about remote work in the work book of the remote worker

employee ________________________________________________________________.

(included/not included)

9.1.9. When concluding an employment contract for the first time work book

employer ____________________________________________________________.

(issued/not issued)

9.1.10. Upon reaching an agreement to make an entry in the work book

the employee provides a work book to the employer _______________________

__________________________________________________________________________.

(in person/send it by registered mail with notification)

9.1.11. Additional conditions (to be filled in if necessary)

__________________________________________________________________________.

9.2. Terms of the employment contract related to the specifics of performance

home work (to be completed in the employment contract concluded with

homeworker):

9.2.1. The work specified in paragraph 1 of this employment contract,

carried out from materials and using tools and mechanisms

or other means (specify) ________________________________________________

__________________________________________________________________________.

(allocated by the employer/purchased by the employee

at your own expense/other)

9.2.2. For the homeworker’s use of his tools and mechanisms, he

compensation is paid for their wear and tear, as well as other expenses are reimbursed,

related to performing work at home (please specify):

__________________________________________________________________________.

(procedure, amount and terms of compensation, reimbursement of expenses)

9.2.3. The procedure and timing for providing the homeworker with raw materials, materials and

semi-finished products (specify if necessary)

__________________________________________________________________________.

9.2.4. The procedure and timing for transfer of work results (removal of finished

products) (specify if necessary) ___________________________________.

9.2.5. Payment for manufactured products, other payments (necessary

indicate) _________________________________________________________________.

9.2.6. Working hours (specify as required)

__________________________________________________________________________.

(duration of working hours per week, start and end of work,

work breaks, weekends, interaction time

with the employer)

9.2.7. Additional conditions (to be filled in if necessary) _________

__________________________________________________________________________.

II. Rights and responsibilities of an employee

10. The employee has the right to:

a) provision of work stipulated by this employment contract;

b) a workplace that complies with state regulations

labor protection requirements;

c) timely and full payment of wages, amount and

the conditions for obtaining which are determined by this employment contract, with

taking into account qualifications, complexity of work, quantity and quality of work performed

d) complete reliable information about working conditions and safety requirements

labor in the workplace;

e) compulsory social insurance in cases provided for

federal laws;

f) conducting collective negotiations and concluding a collective agreement

contracts, agreements, as well as information on the implementation of collective

contracts (if concluded), agreements (if concluded);

g) amendment and termination of this employment contract in the manner and on

conditions established by the Code and other federal laws;

h) protection of their labor rights, freedoms and legitimate interests by everyone

in ways prohibited by law;

i) compensation for damage caused to him in connection with the performance of labor

obligations and compensation for moral damage in the manner established

Code, other federal laws;

j) association, including the right to create trade unions and

joining them to protect their labor rights, freedoms and legal

interests;

k) rest provided by the establishment of a normal duration

working hours, reduced working hours for certain professions and

holidays, paid annual leave in accordance with labor

legislation and other normative legal acts containing norms

labor law, employment contract;

l) training and additional professional education in order,

established by the Code and other federal laws;

m) pre-trial settlement of disagreements regarding the fulfillment of conditions

of this employment contract, collective agreement (in the case

conclusion), agreement (if accepted) with the participation of a trade union or other

employee representative;

o) protection of your personal data in accordance with the requirements

legislation of the Russian Federation;

o) other rights established labor legislation and others

local regulations (if adopted), as well as those arising from

terms of the collective agreement (in case of conclusion), agreements (in case

conclusions);

p) other rights established by this employment contract

(to be filled in if necessary) __________________________________________.

11. The employee is obliged:

a) perform labor (official) duties according to position (profession)

or specialty) specified in paragraph 1 of this employment contract:

__________________________________________________________________________;

(specify labor (job) responsibilities,

if they are established by this employment contract)

b) comply with the working hours and rest hours established

this employment contract, local regulations (in case

adoption), collective agreement (if concluded), agreements (in

case of imprisonment);

c) observe labor discipline;

d) comply with labor protection and safety requirements

e) undergo mandatory preliminary and periodic (within

labor activity) medical examinations, other mandatory medical

examinations, mandatory psychiatric examinations, as well as

undergo extraordinary medical examinations at the direction of the employer in

cases provided for by the Code;

f) treat the employer’s property with care (including property

g) immediately inform the employer or direct

to the manager about the occurrence of a situation that poses a threat to life and

health of people, safety of the employer’s property (including property

third parties located at the employer, if the employer bears

responsibility for the safety of this property);

h) perform other duties established by labor legislation

and other regulatory legal acts containing labor law norms,

collective agreement (if concluded), agreements (if

conclusions), local regulations (if adopted);

i) perform other duties established by this labor contract

agreement (filled in if necessary)

__________________________________________________________________________.

III. Rights and obligations of the employer

12. The employer has the right:

a) amend and terminate this employment contract in the manner and on

conditions established by the Code, other federal laws,

this employment contract;

b) require the employee to perform his job duties and

careful treatment of the employer’s property (including property

third parties located at the employer, if the employer bears

responsibility for the safety of this property), compliance with the rules

internal labor regulations (if adopted);

c) reward the employee for conscientious, effective work;

d) bring the employee to disciplinary and financial liability

in the manner established by the Code and other federal laws;

e) to other rights established by labor legislation and other

regulatory legal acts containing labor law norms, hereby

an employment contract, local regulations (if adopted), and

also arising from the terms of the collective agreement (if concluded),

agreements (if concluded).

13. The employer is obliged:

a) provide the work provided for in this employment contract;

b) ensure safety and working conditions appropriate

state regulatory requirements for labor protection;

c) provide the employee with equipment, tools, technical

documentation and other means necessary for the performance of his labor

responsibilities (list if necessary)

__________________________________________________________________________;

d) provide at the expense of own funds by means of individual

protection, special shoes and other protective equipment, other means

(list if necessary) __________________________________________;

e) organize (if necessary) mandatory preliminary and

periodic (during working life) medical examinations, other

mandatory medical examinations, mandatory psychiatric

examinations, as well as referral for extraordinary medical examinations

in cases provided for by the Code, at their own expense;

f) maintain the employee’s average earnings for the duration of the

mandatory medical requirements specified in subparagraph "d" of this paragraph

inspections (surveys) in accordance with the Code;

g) compensate for damage caused to the employee in connection with his performance

labor duties, as well as compensation for moral damage in the manner and on

conditions established by the Code, other federal laws and

other regulatory legal acts of the Russian Federation;

h) train the employee safe methods and methods of performing work and

providing first aid to victims at work, providing instructions

on labor protection, on-the-job training and testing of knowledge of requirements

labor protection;

i) keep records of working hours actually worked by the employee, in

including overtime work and work on weekends and non-working holidays

j) pay the full amount of wages due to the employee

payment in the manner and within the terms established by this labor

agreement, as well as ensure an increase in the level of real content

wages;

k) notify in writing about the components of wages,

due to the employee for the relevant period, the amount of other amounts,

accrued to the employee, the amount and grounds for deductions made,

about the total amount of money to be paid;

m) process and ensure the protection of personal data

employee in accordance with the legislation of the Russian Federation;

m) perform other duties provided for by labor

legislation, including legislation on special assessment

working conditions, and other regulatory legal acts containing standards

labor law, collective agreement (if concluded), agreements

(if concluded), local regulations (if adopted);

o) perform other duties (to be filled in if necessary)

__________________________________________________________________________.

IV. Employee remuneration

14. The employee’s salary is set:

A) ____________________________________________________________________

(official salary/

__________________________________________________________________________;

piecework wages (specify prices) or other wages)

b) compensation payments (additional payments and allowances for compensation

character) (if any):

Name of payment Amount of payment Factor determining receipt of payment

(indicate, if available, information about all additional payments and allowances

of a compensatory nature, including for the performance of work

with harmful and (or) dangerous working conditions, for work

in areas with special climatic conditions, for work

at night, for overtime work, other payments);

c) incentive payments (additional payments and bonuses of an incentive nature,

bonuses and other incentive payments) (if any):

Name of paymentConditions for receiving paymentFrequencyAmount of payment

(indicate information about all incentive payments

in accordance with the current rules of this employer

remuneration systems (additional payments, incentive bonuses)

nature, incentive payments, including bonuses,

remuneration based on the results of work for the year, for length of service,

other payments);

d) other payments (filled in if necessary): _____________________.

15. The procedure for increasing the level of real wages

installed (please specify):

a) this employment contract ________________________________________________

___________________________________________________________________________

(increase in official salary (tariff rate), size

__________________________________________________________________________;

rewards for performance or other means)

b) a collective agreement, agreement (if concluded), local

normative act (if adopted) (specify as necessary).

16. Salaries are paid _____________________________________

___________________________________________________________________________

(at the place where the work is performed/transferred to a credit institution -

details: name,

__________________________________________________________________________.

correspondent account, INN, BIC, beneficiary account)

17. Payment of wages to an employee is made _______________ times

per month (but not less than every half month) on the following days:

__________________________________________________________________________.

(indicate specific days of salary payment)

V. Working time and rest time of the employee

18. The following working hours are established for the employee:

a) length of the working week ___________________________________

(five days with two days off,

__________________________________________________________________________;

six-day with one day off, working week with provision

days off on a rotating schedule, reduced working hours,

part-time work)

b) duration of daily work (shift) _________________ hours;

c) start time of work (shift) ________________________________________________;

d) end time of work (shift) _____________________________________;

e) time of breaks in work __________________________________________.

(for rest and nutrition, technological,

other breaks)

19. The employee is established following features operating mode

(to be filled in if necessary) _________________________________________________

(irregular working hours,

__________________________________________________________________________.

shift work mode indicating the beginning and end of work shifts,

summarized accounting of working time with accounting period

(specify the duration of the accounting period)

20. The employee is granted annual basic paid leave

lasting _______________________________________ calendar days.

21. The employee is provided with an annual additional paid

vacation (to be filled in if there are grounds):

for working under harmful and (or) dangerous working conditions

duration ____________ calendar days;

for work in the Far North and equivalent areas

(or other areas where the regional coefficient and percentage are established

salary supplement) lasting _________ calendar days;

for an irregular working day lasting __ calendar days;

other types of additional paid leave (specify when

necessary) _________________________________________________________________.

(in accordance with the legislation of the Russian Federation

or an employment contract)

22. Annual paid leave is provided to the employee annually (from

other federal laws) in accordance with ____________________________.

(vacation schedule

for the corresponding year/

written agreement

between the parties)

VI. Occupational safety

23. The following working conditions are established at the employee’s workplace:

__________________________________________________________________________.

(specify, if necessary, the class (subclass) of working conditions

at the workplace, card number for special assessment of working conditions)

24. Initial briefing with the employee _________________________________

(carried out/not carried out,

___________________________________________________________________________

since the work is not related to maintenance, testing, adjustment

__________________________________________________________________________.

and repair of equipment, use of tools,

storage and use of raw materials and materials)

25. Employee (please specify) ____________________________________

(pass/fail

__________________________________________________________________________.

preliminary (upon admission to work) and periodic

mandatory medical examinations, mandatory psychiatric

examination, mandatory medical examinations at the beginning

working day (shift), as well as during and (or) at the end

working day (shift)

26. Personal protective equipment for the employee __________________________

__________________________________________________________________________.

(not provided/provided in accordance with

with standard standards, list)

VII. Social insurance and other guarantees

27. The employee is subject to compulsory pension insurance,

compulsory health insurance, compulsory social

insurance in case of temporary disability and in connection with

maternity, compulsory social insurance against accidents

at work and occupational diseases in accordance with

federal laws.

28. Additional guarantees (to be completed if available):

___________________________________________________________________________

(compensation for moving expenses from another area, tuition fees,

provision or reimbursement of housing rental costs, rent

car, other)

__________________________________________________________________________.

(grounds for providing medical care to a temporarily staying

in the Russian Federation to a foreign citizen

or stateless person)

29. Other guarantees provided to the employee _________________________

__________________________________________________________________________.

(to be filled in if available)

VIII. Other terms of the employment contract

30. Grounds for termination of an employment contract, other than those provided for

Code (to be completed if necessary for remote workers,

homeworkers and workers working for an individual - individual

entrepreneur):

__________________________________________________________________________.

31. The procedure and conditions for termination of an employment contract as specified in

clause 30 of this employment contract on the grounds (if necessary

specify): _________________________________________________________________

__________________________________________________________________________.

(warning period, guarantees, compensation, etc.)

IX. Changing the terms of the employment contract

32. Changes in the terms of this labor agreement determined by the Parties

agreements and the dates for their entry into force are allowed only by agreement

Parties, except as provided by the Code. Agreement on

changes in the terms of this employment contract determined by the Parties

is in writing.

33. If the employer changes the terms of this employment contract

(except for change labor function) for reasons related to

changes in organizational or technological working conditions, employer

is obliged to notify the employee about this in writing within the time frame specified

established by the Code.

X. Responsibility of the Parties to the employment contract

34. For failure to fulfill or violation of the terms of this employment contract

The parties bear responsibility in the manner and on the terms established

labor legislation and regulatory legal acts containing

labor law standards.

XI. Final provisions

35. To the extent not provided for in this employment contract, the employee

and the employer are guided directly by labor legislation and

regulatory legal acts containing labor law norms,

collective agreement (if concluded), agreement (if

conclusions).

36. This employment contract comes into force (specify as required) __

__________________________________________________________________________.

(from the day it is signed by both parties/other period established

Code, other federal laws, other regulatory

legal acts or employment contract)

37. This employment contract is concluded in two copies, having

equal legal force, which are stored: one - with the employee, the other -

at the employer.

38. Additional agreements on changing the terms of this labor contract

contracts are an integral part of it.

The employee is familiar with:

with a collective agreement (if concluded)

________________________________ __________________________________________

(employee signature) (date of review)

with the employer’s local regulations,

directly related to the employee’s work activity (in the case

acceptance list) _____________________________________________________

________________________________ __________________________________________

(employee signature) (date of review)

I give my consent to the employer’s processing of my personal data,

necessary for labor relations

________________________________ __________________________________________

(employee signature) (date)

Introductory training on labor protection has been completed:

Employee signature __________________________ Date "__" ____________________

Signature of the person

who conducted the briefing ____________________ Date "__" ____________________

Initial briefing on labor protection in accordance with paragraph 24

of this employment contract has been passed:

________________________________ __________________________________________

(employee signature) (date of review)

Signature of the person

who conducted the briefing ______________________ Date "__" __________________

Employer: Employee:

(full and abbreviated name (last name, first name, patronymic)

legal entity/surname, first name,

patronymic of the individual

entrepreneur)

Address of the legal entity in Residence address:

within its location/

place of residence of an individual

entrepreneur:

__________________________________ ________________________________________

Address of place of implementation Identification document

activities of a legal entity/personality:

individual entrepreneur:

__________________________________ ________________________________________

__________________________________ (type, series and number, issued by,

Date of issue)

Employment agreement form

The conclusion of an employment agreement between an employee and an employer is primarily aimed at streamlining the relationship between the parties, as well as at fixing the most important points characterizing the work activity of a particular employer. For this purpose, a document is drawn up in written form.

Legislator highlighting important points, enhances their significance and calls them essential (or mandatory) terms of the employment agreement. Next we will reveal them.

And at this stage, the first conclusion that the employee must remember is that an employment agreement is a written document that is considered concluded if there are essential conditions in it.

The employment contract offered to the employee for signing is filled out by the employer on the company’s letterhead according to a model previously developed by him.

At the same time, when filling out the employment agreement form, you must always remember the mandatory conditions and, if necessary, supplement it or, conversely, exclude unnecessary ones.

Essential terms of the employment agreement

The employment agreement is concluded in simple written form in two copies. One of the copies remains in the employee’s hands, the second copy is kept in the HR department of the employer. The agreement must be signed no later than three days from the date of commencement of work in the company. Indeed, in the event of any dispute or conflict with the employer, it is this document that is intended to help resolve and exhaust mutual claims.

Before the employee signs the employment agreement, it should be carefully read to ensure that the form contains all the essential conditions and their compliance with the agreements previously reached during the interview.

The main essential or, as they are also called, mandatory conditions of any employment agreement are:

place of work. This indicates the place of work in the parent company, or in the case of employment in a branch of the company or its representative office, you must provide information about this, including the address of the location;
position (profession, specialty) for which the employee is hired, in accordance with staffing table companies. This section of the agreement is sometimes called the “employment function.” The work performed must correspond to the position for which the employee is hired;
start date of work, that is, the day from which the employee directly begins to perform work duties. Here, it is important to distinguish this date from the date of conclusion of the employment agreement, which may not coincide with the start date of work. If the contract is fixed-term, that is, concluded for a certain period, then its validity period must be fixed;
the amount of official salary, other conditions of remuneration;
work schedule, including working time and rest time;
description of the nature of the work (in the office, traveling, etc.);
condition on the probationary period (which cannot exceed general rule three months);
other conditions depending on working conditions.

If, when signing the proposed employment agreement form, the employee discovers conditions that do not correspond to the agreements or do not reflect prerequisites labor, then before signing the agreement it is necessary to ask the employer to make the necessary changes.

An employment contract with an employee is a special agreement. This document reflects the nature of the relationship between the employee and the enterprise.

It is the employment contract with the employee that formalizes the legal obligations and rights of the participants in the process.

General information

Based on the Labor Code of the Russian Federation, enterprises and employees have ample opportunities to draw up various types of agreements using one or another sample employment contract with an employee. At the same time, various conditions may be reflected in the papers.

The most common form of employment contract with an employee

Most often, as legal practice shows, agreements are concluded with a specialist. This employee means an employee who has certain knowledge that allows him to perform certain activities in the enterprise. It should be said that the Labor Code of the Russian Federation does not provide for any specific provisions for regulating the work of specialists.

However, in practice such agreements have their own characteristics. In this regard, they are allocated to a separate group along with contracts signed with managers, employees, and top managers. This category allocated to a separate group in the qualification (unified) directory of positions.

The classification is made in accordance with the nature of the work primarily performed. They are the content of the employee’s work. So, for example, the position of a manager is characterized by organizational administrative functions. Specialists perform analytical and constructive activities. The responsibilities of the employees include information technology tasks.

Design features

The labor functions of workers determine the features of agreements concluded with them. The position for which the employee is hired has qualifications (categories). Their indication in the agreement is mandatory. This or that sample employment contract with an employee contains sections or appendices that indicate what skills and knowledge the future employee should have.

Basics

Concluding an employment contract with an employee involves specifying certain information about the future employee and the details of the enterprise. In particular, the last names, first names, patronymics and addresses of the employer and the hired person are entered. You must also indicate the date the employee was hired. If a fixed-term employment contract is concluded with an employee, then the period for which the specialist is hired is indicated.

Probation

The maximum period for an employee can be three months (if he was not selected as a result of a competition). An exception is considered to be persons who have graduated from institutions of higher, primary and secondary vocational education, have received state accreditation and are entering service in their specialty for the first time within a year from the date of completion of their studies.

In this case, a probationary period of six months may be established for a number of categories, for example, chief accountants or their deputies. The legislation also defines certain groups of citizens who are hired under special conditions. In particular, pregnant women, minors and some other categories of workers do not undergo a probationary period.

Wages

Any sample employment contract with an employee includes a section indicating the amount of payment for his activities at the enterprise. Salary, as a rule, is an official salary. It represents a monthly deduction, the amount of which depends on qualifications, business qualities and the place to which the employee is assigned. Official salary is used in enterprises to pay employees, specialists, and managers.

It is also used as the basis for calculating bonuses, allowances and surcharges. The contract may contain information about additional payments. Their size is determined by agreement of the parties. When drawing up an employment contract with an employee, the employer specifies a certain amount of the official salary. If the manager intends to initially pay a small amount and then increase it over time, then this fact should be contained in the agreement. In the absence of such information, the employer is not responsible for failure to fulfill these promises.

Mode of activity and rest

An employee’s work schedule is determined by what is expedient for the enterprise. The mode of activity may be irregular. Explanations on this matter are contained in Art. 101 Labor Code of the Russian Federation. In accordance with the provisions, workers on an irregular schedule may be periodically involved by the employer in the performance of their job responsibilities outside normal working hours. The law states that the list of employees operating in this mode must be established by a collective agreement, contract or internal regulations of the enterprise. Also common are six- and five day weeks or a flexible schedule.

Compensation and guarantees

Quite often, an enterprise enters into an employment contract with an employee an obligation to fulfill his requirements. These include, in particular, medical care provided free of charge or a convenient schedule. At the same time, the employee assumes certain obligations in which the company is interested.

For example: do not quit for a certain period, act as a mentor in relation to the agreed number of young specialists, etc. The terms of the agreement impose certain and, in some cases, quite strict restrictions on both the employer and the hiredee. At the same time, the provisions specified in the agreement contribute to the retention of valuable personnel and the maximum use of employee experience and knowledge in the training of new specialists.

Completing the agreement

The employment contract with the employee is drawn up in two copies. One of them is kept by the employer, the other is given to the employee. Any oral agreement to perform any activity has no legal force. The form of an employment contract with an employee contains the following attachments:

Schedule.
Job description.
List of prices for work.
Non-disclosure agreement of confidential information.

Related documents are also prepared. This, in particular, may be an additional employment contract with the employee. Such an agreement, for example, is needed in the event of a reduction in an employee’s salary. Registration of the employment contract itself and amendments to it is carried out in the appropriate accounting journal.

The drawn up agreement comes into force immediately from the moment of execution or, if indicated, on the day on which the employee must begin performing his duties. If an employee does not show up at the workplace within seven days without a valid reason, the employer has the right to terminate the contract unilaterally.

Special category of employees

Of course, the company is not interested in unqualified personnel. But situations often arise when, in order to save money for positions that do not require special professional skills, various companies- small, large - accept minor workers.

By law, an agreement can be concluded with a person over 16 years of age. However, in some cases, an employment contract with a minor worker can be compiled at an earlier age. An apprentice can be hired by an enterprise if he has left educational institution until he receives general basic education. However, his age may be 15 years.

With the consent of one of the parents or the guardian and the guardianship authority, an employment contract can be concluded with a fourteen-year-old student. The agreement involves performing light activities that do not disrupt the learning process and do not cause harm to health.

In theaters, organizations related to cinema and concerts, and in the circus, it is allowed to hire employees under 14 years of age. To carry out activities, the consent of parents or guardians and the guardianship authority is required. Work should not harm the health of minors or interfere with their moral development.

Features of activity regulation

Regulates the procedure for hiring and concluding an employment contract, Art. 265-272 Labor Code, as well as a collective agreement. In these articles, the legislation establishes the rest and activity regimes for employees under 18 years of age, the conditions for its implementation, official salary, etc. Any sample employment contract with an employee must comply with all applicable laws.

Termination of the agreement

Termination of an employment contract with an employee under 18 years of age is carried out in accordance with one of the grounds specified in Art. 77 TK. In addition, the agreement may be terminated due to violations during the hiring of the employee. For example, an employee who is under 18 years of age was hired to perform hard, dangerous or harmful work, in a store selling alcohol, in a nightclub, etc.

Otherwise, the agreement may contain other reasons. Termination of the contract unilaterally at the initiative of the employer (except in the case of termination commercial activities or liquidation of an enterprise), in addition to compliance with the general current procedure, is permitted only with the consent of the state inspectorate and the commission on juvenile affairs.

Additional information

An employment contract with an individual entrepreneur is drawn up in the same way as with an organization. The agreement must also be in two copies and signed by both parties. An employee may begin work before an employment contract is concluded. In this case, the agreement must be drawn up within 3 days. An employment contract with an LLC employee, as well as with an individual entrepreneur, may contain annexes.

Required package of documents

Article 65 of the Labor Code of the Russian Federation establishes required list papers The list includes:

Passport or other document that proves your identity.
Work book. The exception is cases when an employment contract for a part-time employee is drawn up or the employee begins his or her professional activity for the first time.
Insurance certificate.
For those liable for military service – registration documents.
Certificate of education, qualifications, special knowledge (in cases where the activity requires special training).

If a citizen starts working for the first time, then the work book and Pension Fund insurance are issued by the employer. The employee must be familiar with the internal regulations of the enterprise, safety regulations and other local regulations.

Duration of the agreement

In accordance with the law, an employment contract can be drawn up for a specific period or be indefinite. This provision is regulated by Art. 58 TK. An employment contract with an employee (temporary) is drawn up for a period of up to 5 years. The agreement may not specify a validity period. In this case, they say that the contract is unlimited. For a certain period, an agreement is drawn up in a number of cases. These include, in particular:

Replacing an absent employee. In this case, a temporary contract is drawn up. The absent employee's position is retained.
Performing seasonal activities (up to 2 months).
Internship or professional training for an employee.
Applying to work for an entrepreneur or small business organization.
Part-time job.
Hiring old-age pensioners or people with health limitations.

The agreement terminates upon expiration of the period specified in it. Three days before the end of the period, the employer is obliged to warn the employee about the end of the activity. The notification must be made in writing. If at the end of the specified period the parties do not declare termination, the agreement is considered to be drawn up for an indefinite period.

Download a standard form of an employment contract between an employee and an individual employer

Download a fixed-term employment contract with an employee

Download the collective agreement form

Download the employment contract with the employee

The basis for the emergence of labor relations is the employment contract.

According to Article 56 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code), an employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing standards labor law, collective agreement, agreements, local regulations and this agreement, pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement in the interests, under the management and control of the employer, internal labor regulations in force at this employer. The basis for the emergence of labor relations is the employment contract.

Employment contract form

The law does not provide for a unified form for such documents, so the employer can draw them up in any form.

The employment contract is drawn up in writing and drawn up in two copies, each of which is signed by the parties.

One copy of an open-ended (or temporary) employment contract is given to the employee, the other is kept by the employer. An agreement that is not drawn up in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative. The employer is obliged to draw up a standard contract with him in writing no later than three working days from the date of the employee’s actual admission to work.

The employee's receipt of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer.
The employment contract form can be drawn up not only on paper, but also in electronic form. The exchange of documents in electronic form between employers and employees is carried out using public information and telecommunication networks, including the Internet.

An employment contract must necessarily contain the conditions specified in Article 57 of the Labor Code. At the same time, failure to include any mandatory conditions in the employment contract is not a basis for recognizing it as not concluded or for its termination. In this case, the contract must be supplemented with the missing terms by drawing up additional terms. agreements to the employment contract.

The subject of both an open-ended and temporary employment contract is the personal performance of work of a certain type, i.e. the individual labor process, its organization and conditions (in contrast to civil contracts, the subject of which is the result of labor).

The employment contract form must indicate that the employee must perform work related to his function (work in a certain specialty, qualification or position), while adhering to the internal rules in force in the given organization. The employer undertakes to provide certain working conditions provided for by law and agreement.

The parties to the employment contract are: as an employer - an enterprise of any form of ownership, institution, organization, individual citizens; as an employee - citizens who have reached 16 years of age (in exceptional cases, 15 years of age); students who have reached the age of 14 - in cases and in the manner prescribed by law.

As employers, they have the right to conclude and sign completed forms for temporary and permanent employment contracts individuals who have reached the age of 18 years, provided that they have full civil capacity, as well as persons who have not reached the specified age - from the day they acquire full civil capacity (Article 20 of the Labor Code of the Russian Federation).

The essential conditions that must be included in the employment contract form are (Article 57 of the Labor Code of the Russian Federation):

— Place of work— name and location of the organization where the employee is hired. If the structural units of the organization are located in different localities and administrative regions, then the place of work when concluding an employment contract is specified in relation to these structural units. Since the place of work is a necessary contractual condition, its change is possible only by mutual agreement of the parties.
— Labor function- type of work in accordance with the qualifications for a certain profession (position) that the employee must perform. The type of work remains unchanged for the entire duration of the temporary employment contract. The employer does not have the right to require the employee to perform work not stipulated by the contract.
— Start date(and its end date if a fixed-term (temporary) employment contract is concluded). The start time of work is a necessary condition and is of significant importance, since from this moment the employee is subject to wage legislation. Typically, the start of work follows immediately after the conclusion of the contract. However, the parties can agree on some delay of this moment. If the term is not specified, then such an agreement is considered an open-ended employment contract.
—Terms of payment(including the size of the employee’s tariff rate or official salary, additional payments, allowances and incentive payments). The condition of remuneration must also be considered essential, and it must be indicated in the form of the employment contract, otherwise such a document cannot be considered concluded. In accordance with Article 129 of the Labor Code of the Russian Federation, when paying workers, tariff rates, salaries, as well as a non-tariff system can be used if the organization considers such a system the most appropriate.
— Other terms, provided for in Article 57 of the Labor Code of the Russian Federation.

In addition, it is necessary to note in the document if it is concluded for the duration of seasonal work, if it is urgent (temporary) or part-time.

The form of an open-ended employment contract may contain additional conditions, for example (Article 57 of the Labor Code of the Russian Federation):

- on establishing a probationary period,
- on non-disclosure of secrets protected by law,
— about combining professions (positions),
— about the types and conditions of additional employee insurance,
— on improving the social and living conditions of the employee and his family members,
- on the employee’s obligation to work after training for at least the period established by the employment contract, if the training was carried out at the expense of the employer,
- on the duration of additional leave, as well as other conditions that do not worsen the employee’s position in comparison with the Labor Code of the Russian Federation, laws and other regulatory legal acts (Article 57 of the Labor Code of the Russian Federation).

The standard form of an employment contract with an employee contains the following attachments:
— Job description;
— Work schedule;
— Agreement on non-disclosure of confidential information.

The employment contract form contains the following accompanying documents:
- Additional agreement.

Features worth paying attention to

When hiring a new employee for a permanent job, indicate in his employment contract a specific salary amount (tariff rate) in rubles. It is inappropriate to write down the phrase “the employee’s salary is set according to the staffing table” in the employment contract.

The fact is that if you make such a reference to the staffing table in the employment contract, it will become an integral part of this employment contract. In such a situation, each time you will have to familiarize the employee, against signature, with the staffing table and all changes in it.

In addition, difficulties may arise with issuing an order to hire an employee, since the lines of form No. T-1 “with the tariff rate (salary)”, “allowance” are designed specifically for recording in numbers. The same applies to filling out form No. T-1a.

An important nuance: an employment contract is also one of the documents that confirms the validity of labor costs. And not only salaries, but also other payments to the employee, which, according to Article 255 of the Tax Code of the Russian Federation, must be provided for in the employment contract so that their amount can be taken into account when calculating income tax.

Numbering of employment contracts

In practice, the question often arises: is it necessary to number employment contracts? The legislation does not contain a clear answer to this question.

Mandatory information that an employment contract must contain is listed in Article 57 of the Labor Code of the Russian Federation. An employment contract concluded with an athlete or coach must additionally contain the mandatory conditions listed in Article 348.2 of the Labor Code of the Russian Federation. The employment contract number is not required information.

At the same time, some unified forms of documents for recording labor and its payment provide for the numbering of employment contracts (for example, form No. T-1, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Therefore, in order to correct filling documents, it is advisable to assign numbers (numeration) to employment contracts.

The procedure for such numbering is not regulated by law. Therefore, the organization has the right to develop it independently. In practice, a system is used in which the number of the employment contract consists of its own contract number and numbers indicating the month (year) of its conclusion (for example, an employment contract concluded in March 2011 is assigned the number 16/03, where 16 is the serial number of the contract, 03 - month of conclusion of the contract). Such clarifications are given in the letter of Rostrud dated August 9, 2007 No. 3045-6-0.

EMPLOYMENT AGREEMENT No. _____

____________________ "____" ___________ 2018
(place of compilation)

(Name of organization, enterprise, etc.) hereinafter referred to as the Employer, represented by (position, full name) acting on the basis of (charter, regulations, power of attorney) on the one hand, and a citizen of Russia (Last name , name, patronymic, passport details or a replacement document) hereinafter referred to as the Employee, acting in his own interests and on his own behalf, on the other hand, have entered into this employment agreement (hereinafter referred to as the Agreement) on the following:

1. GENERAL PROVISIONS
1.1. An employee is hired
— to the enterprise as (profession, qualification);
-for the position
to perform the following job duties (brief description).
1.2. The Employee’s place of work is ____________ (address of the organization).
1.3. An employee is hired to work in (department, subdivision) of the Employer’s organization.
1.4 The employee reports directly to the manager ___________________________.
1.5. The work under this employment contract is for the Employee ________ (main, external (internal) part-time job)).
1.6. The employment contract is concluded between the Employer and the Employee for a period of time (delete what is unnecessary)
— for ______ year (month) and is valid from “__” _________ 2018 to “__” ___________2018;
- for an indefinite period;
— for the duration of the work stipulated by this Agreement.
1.7. This employment contract comes into force from the day the Employee is admitted to work, determined by clause 1.7 of the contract.
1.8. Start date of work – from “__” _________ 2018.
1.9. The Employee is given a probationary period of _____ months in order to verify the Employee’s compliance with the assigned work.
1.10. When performing his direct labor duties in accordance with this Agreement, the Employee will proceed from the Charter (Regulations) of the enterprise and the internal labor regulations of the organization.

2. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE
2.1. The employee has the right to:
2.1.1. Providing him with work stipulated by this employment contract.
2.1.2. Ensuring safety and working conditions that meet regulatory labor protection requirements.
2.1.3. Timely and full payment of wages in accordance with qualifications, complexity, quantity and quality of work performed.
2.1.4. Complete and reliable information about working conditions and labor protection requirements in the workplace. The employee has other rights provided for by the labor legislation of the Russian Federation and this employment contract.
2.2. The employee is obliged:
2.2.1. Conscientiously fulfill his labor duties assigned to him by this employment contract and job description.
2.2.2. Comply with the labor regulations in force at the Employer, occupational health and safety requirements, and other local regulations of the Employer directly related to the Employee’s work activities, which the Employee was familiarized with by signature before signing this employment contract.
2.2.3. Maintain labor discipline.
2.2.4. Treat with care the property of the Employer, including the property of third parties located at the Employer, if the Employer is responsible for the safety of this property, and other employees.
2.2.5. 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 Employer’s property (including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property), and the property of other employees. The employee is obliged to fulfill other duties provided for by the labor legislation of the Russian Federation and this employment contract and job description.
2.2.6. Do not disclose scientific, technical and other commercial and confidential information obtained during work without the consent of the immediate supervisor.

3. RIGHTS AND OBLIGATIONS OF AN EMPLOYER
3.1. The employer has the right:
3.1.1. Require the Employee to conscientiously fulfill his duties under this employment contract.
3.1.2. Adopt local acts directly related to the Employee’s work activities, including labor regulations, labor protection requirements and occupational safety.
3.1.3. Bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws.
3.1.4. Encourage the Employee for conscientious, effective work. The employer has other rights provided for by the labor legislation of the Russian Federation and this employment contract.
3.2. The employer is obliged:
3.2.1. Provide the Employee with the work stipulated by this employment contract.
3.2.2. Ensure the safety and working conditions of the Employee that comply with regulatory labor protection requirements.
3.2.3. Provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties.
3.2.4. Pay the full amount of wages due to the employee on time.
3.2.5. Process and ensure the protection of the Employee’s personal data in accordance with the legislation of the Russian Federation.
3.2.6. Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity.
3.2.7. Provide for the Employee’s everyday needs related to the performance of his job duties.
3.2.8. Pay for the Employee’s training in case of production necessity in order to improve his qualifications. The employer performs other duties provided for in the labor contract
legislation and other normative legal acts containing norms
labor law, collective agreement, agreements, local regulations
acts and this employment contract.
4. WAGES AND SOCIAL GUARANTEES
4.1. For the performance of labor duties provided for in this employment contract, the Employee is provided with:
— official salary in the amount of ________ rub. per month.
— percentage of sales ____;
- (further).
4.2. Payment of bonuses and remuneration to the Employee is made in the manner established in the Regulations on Remuneration, which the Employee was familiarized with when signing this employment contract.
4.3. Payments of wages to the Employee are made at least every half month within the time limits and in the manner established by the Regulations on Remuneration and other local regulations of the Employer.
4.4. The Employee's salary is paid by:
— issuing cash from the cash register;
— by transfer to a bank account _____________.
- (further).
4.5. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.
4.6. The Employee is subject to benefits, guarantees and compensation established by the legislation of the Russian Federation and local regulations of the Employer.

5. WORKING AND REST TIME
5.1. The employee is given a (standardized, irregular) working day.
- normalized.
The employee is assigned a 5-day workweek of 8 (eight) hours. Weekends are Saturday and Sunday.
- unstandardized.
The monthly (weekly) standard working time is _______ hours. The normal working day should not exceed 8 (4) hours per day. A break for rest and food is not included in working hours. Overtime beyond the normal working hours is paid in the amount of ________ for each hour.

5.2. The employee is granted annual basic paid leave of _______ calendar days. The right to use vacation for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the Parties and in accordance with the labor legislation of the Russian Federation, paid leave may be provided to the Employee before the expiration of six months. Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the vacation schedule.
5.3. By family circumstances and others good reasons An employee, based on his written application, may be granted leave without pay. The duration of this leave is determined by agreement of the Parties and in accordance with the labor legislation of the Russian Federation.
6. SOCIAL INSURANCE
6.1. The employee is subject to compulsory social insurance (pension, medical, against industrial accidents and occupational diseases) in accordance with the Labor Code of the Russian Federation and other federal laws.
7. OTHER CONDITIONS OF THE EMPLOYMENT CONTRACT
7.1. The Employee undertakes, during the term of this employment contract and after its termination for _______ years, not to disclose a legally protected trade secret that has become known to the Employee in connection with the performance of his job duties. The list of information constituting a legally protected trade secret must be familiarized to the Employee against signature.
7.2. In case of violation of the procedure for use and unlawful disclosure of information specified in clause 7.1 of this agreement, the relevant guilty Party to the agreement is obliged to compensate the other Party for the damage caused.
8. RESPONSIBILITY OF THE PARTIES TO AN EMPLOYMENT CONTRACT
8.1. The Employer and the Employee are responsible for non-fulfillment or improper fulfillment of assumed duties and obligations established by this employment contract, local regulations of the Employer, and the legislation of the Russian Federation.
8.2. For committing a disciplinary offense, that is, failure or improper performance by the Employee through his fault of the labor duties assigned to him, the Employee may be subject to disciplinary action provided for in Article 192 of the Labor Code of the Russian Federation.
8.3. The Employer and the Employee may be held accountable for financial and other types of legal liability in cases and in the manner provided for by labor legislation and other federal laws.
9. CHANGE AND TERMINATION OF THE EMPLOYMENT CONTRACT
9.1. Each of the Parties to this employment contract has the right to raise with the other Party the question of its addition or other changes to the employment contract, which, by agreement of the Parties, are formalized by an additional agreement, which is an integral part of the employment contract.
9.2. Changes and additions may be made to this employment contract by agreement of the Parties also in the following cases:
when the legislation of the Russian Federation changes in the part affecting the rights, obligations and interests of the Parties, as well as when local regulations of the Employer change;
in other cases provided for by the Labor Code of the Russian Federation.
9.3. If the Employer changes the terms of this employment contract (except for the labor function) for reasons related to changes in organizational or technological working conditions, the Employer is obliged to notify the Employee in writing no later than two months before their change (Article 74 of the Labor Code of the Russian Federation) . The Employer is obliged to notify the Employee personally and signed about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization’s employees at least two months before the dismissal.
9.4. This employment contract is terminated only on the grounds established by the Labor Code of the Russian Federation and other federal laws. Upon termination of an employment contract, the Employee is provided with guarantees and compensation provided for in Chapter 27 of the Labor Code of the Russian Federation, as well as other norms of the Labor Code of the Russian Federation and other federal laws.
10. FINAL PROVISIONS
10.1. Labor disputes and disagreements of the Parties regarding compliance with the terms of this employment contract are resolved by agreement of the Parties, and in case of failure to reach an agreement, they are considered by the commission for labor disputes and (or) the court in the manner established by the legislation of the Russian Federation.
10.2. To the extent not provided for by this employment contract, the Parties are guided by the legislation of the Russian Federation.
10.3. This employment contract is concluded in two copies having equal legal force. One copy is kept by the Employer in the Employee’s personal file, the second copy is kept by the Employee.
10. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

Employer:
Address:
Tel.:
INN/KPP
r/s
at the Bank
short-form
BIC
OKPO

Worker:
Passport:
Registration address:
Taxpayer Identification Number:
SNILS:

Signatures of the parties to the employment contract:

Employer Employee

Signature I. O. Last name Signature I. O. Last name

Updated: November 2018