How to draw up an employment contract. Sample of filling out an employment contract
An employment contract is an agreement between an employer and an employee about 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 job function, to ensure working conditions provided for by labor legislation and other regulations, to pay the employee wages in a timely manner and in full, and the employee, for his part, undertakes personally perform the labor function determined by this agreement, comply with the internal labor regulations in force 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 employment contract and employment agreement are used.
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 certain categories of 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 more copies.
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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.
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Organizations, individual entrepreneurs and individuals concluding an employment contract.
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Data entry (everything is free!):
EMPLOYMENT AGREEMENT No. (agreement number) dated 02/26/2019
(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 and 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 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 fulfill his job duties and take care of the property of the employer and other employees, and comply 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 time limits 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 harm 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. Conditions of social insurance directly related to the Employee’s work activity: 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 registration in the prescribed manner in the department of labor relations and labor protection of the Committee for Social Protection of the Population and Youth Policy, one copy of the employment contract is given to the employee, the other is kept by the employer;
9.2. An employment contract comes into force on the day 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 ENTERPRISE, WHICH RELATES
TO MICROENTERPRISES
In accordance with Article 309.2 of the Labor Code of the 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 the date of their
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) ______________________________________________.
(travelling, 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. Deadline for confirmation of receipt of an 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, a 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 of
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 by labor legislation and other
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 personal funds at their own expense
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 referrals 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 in safe methods and techniques for 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;
l) 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 payment Conditions for receiving payment Frequency Amount 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
weekends 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 following features of the work regime are established for the employee
(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 temporary resident
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 changes in work 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/last name, 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)
Other documents submitted
foreign citizens or
stateless persons, with
indicating details
Identification number ________________________________________
taxpayer ________________________________________
Insurance certificate
Mandatory pension
(signature of an authorized person) insurance ____________________________
________________________________________
(employee signature, date of review)
I received a copy of the employment contract:
Employee signature ____________________________ Date "__" __________________
The employment contract is terminated:
Termination date ______________________________________________________________
Grounds for termination of the employment contract: clause _______________________
parts ________ article ________________________ of the Russian Labor Code
Federation (clause ____________ of this employment contract).
Signature of the authorized person
Date "__" _________________________
(full name)
Employee signature _________________ Date "__" _________________________
Work book received __________________ Date "__" _____________________
(signature)
Other documents related to the work were received _________________________
__________________________________________________________________________.
(list)
Employee signature ________________________ Date "__" ______________________
Notes: 1. Subparagraph "b" of paragraph 10 and subparagraph "h" of paragraph 13 do not apply to remote workers.
2. Clause 18 does not apply to remote workers and homeworkers.
3. Paragraphs 23 - 26 do not apply to remote workers.
4. Paragraph 27 applies to employees - foreign citizens with special features established by federal laws and international treaties of the Russian Federation.
5. For foreign citizens or stateless persons, the following information is indicated:
on a work permit or patent - when concluding an employment contract with a foreign citizen or stateless person temporarily staying in the Russian Federation;
on a temporary residence permit in the Russian Federation - when concluding an employment contract with a foreign citizen or stateless person temporarily residing in the Russian Federation;
on a residence permit - when concluding an employment contract with a foreign citizen or stateless person permanently residing in the Russian Federation;
details of a voluntary medical insurance agreement (policy) or an agreement concluded by an employer with a medical organization on the provision of paid medical services with a foreign citizen or stateless person temporarily staying in the Russian Federation.
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EMPLOYMENT AGREEMENT WITH EMPLOYEE "__" __________ 201 _, No._____ _________________________________ (place of drawing up) Administration ______________________________________________________________________ (name of organization, enterprise, etc.) hereinafter referred to as the Employer, represented by _______________________________________________ (position, full name) acting on on the basis of __________________________________________________________ (charter, regulations, power of attorney) on the one hand, and the citizen of Russia ________________________________________________________________ (last name, first name, patronymic, _____________________________________________________________________________________ passport details or a replacement document) hereinafter referred to as the Employee, acting in his interests and on its own behalf, on the other hand, have concluded this employment agreement (hereinafter referred to as the Agreement) on the following: 1.1. An employee is hired by the enterprise as ______________________ ___________________________________________________________________; for the position (profession, qualification) _________________________________ to perform the following job duties (brief description) 2.1. The employment contract is concluded between the Employer and the Employee for a period of ______ years (months) and is valid from “___” _______________ 200 _ to “___” _______________ 200 _; for an indefinite period; for the duration of the work stipulated by this Agreement (delete what is unnecessary). 3.1. By concluding this Agreement, the Employee takes into account that the Employer’s enterprise is ______________________________________________________________ (brief description of the enterprise, institution, organization) 3.2. 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. 3.3. The employee reports directly to the manager ____________________________ ___________________________________________________________________________________ (name of the structural unit) as well as to the director of the enterprise. 3.4. An employee is a full member of the enterprise’s workforce and participates with a voting right in the activities of its general meeting (conference). 3.5. An employee has the right to express a personal opinion on any issue of the enterprise. 3.6. The employee has the right, if necessary, to familiarize himself with the internal labor regulations of the enterprise, the collective agreement and labor legislation. 3.7. The employee is guaranteed the unimpeded exercise of the right to form a trade union. Discrimination against an Employee in terms of working hours and rest time, wages and other essential working conditions due to his participation in a trade union is not permitted. 4.1. The employee undertakes: a) to perform the following work in accordance with his profession, specialty, qualification (position): _____________________________________________________ _____________________________________________________________________________________; b) during the validity of the Agreement, achieve the following results _______________________ ___________________________________________________________________________________; c) conscientiously, timely, at a high professional level and accurately perform their job duties, comply with the internal labor regulations of the enterprise, use all working time for productive work, refrain from actions that interfere with other employees from performing their job duties; d) take care of the safety of equipment, raw materials, finished products and other property of the enterprise, as well as the property of other employees; e) promptly and accurately execute the orders of the director of the enterprise and immediate supervisor; f) by order of the director of the enterprise, go on business trips; g) not to disclose scientific, technical and other commercial and confidential information obtained during work without the consent of the immediate supervisor; h) immediately notify the administration of the enterprise about violations of production technology, failure to comply with labor standards, cases of theft and damage to property of the enterprise. 4.2. The Employer undertakes: a) to provide the Employee with work in accordance with the terms of this Agreement; b) provide the Employee with the working conditions necessary for him to fulfill his obligations under this Agreement, including making available to the Employee the necessary technical and material means in good condition; c) equip the Employee’s workplace with the following equipment: ________________________ ___________________________________________________________________________________; (computer, copier, printer, etc.) d) provide the Employee with the following special clothing, special shoes and other personal protective equipment: __________________________________________ organize proper care for these equipment; e) comply with labor legislation and labor protection rules; f) ensure conditions of remuneration, norms of working time and rest time in accordance with this Agreement and the current legislation of the Russian Federation; g) ensure that the Employee fulfills his qualifications and grows his professional skills at his own expense in __________________ within ___________ months; (form of advanced training) h) ensure the safety of the Employee’s personal property, tools, vehicles on the territory of the enterprise; i) provide a car for business trips or pay compensation when using a personal car for business purposes in the following order: __________ ___________________________________________________________________________________; j) in the event of the death of the Employee or the onset of disability while performing his job duties, continue to pay until the expiration of the Contract to his family or to him an amount in the amount of the average earnings received by the Employee during the period of work under the Contract; k) ensure that the introduction of new technology and equipment does not worsen the Employee’s working conditions; take the necessary measures to protect the health and safety of the Employee when working with new equipment and in new conditions. All costs under this sub-item are borne by the enterprise. 5.1. For the conscientious performance of labor duties during the monthly working hours, the Employee is guaranteed payment of an official salary (tariff rate) in the amount of _________________________________________________________________ (in numbers and in words) rubles per month (per hour). The official salary (tariff) increases depending on the cost of living index determined by the legislation of the Russian Federation. 5.2. An employee has the right to receive, based on the results of his work, various allowances, additional payments, bonuses, and other remunerations in accordance with the remuneration system in force at the enterprise. 5.3. The employee is established the following remuneration based on the results of work for the month (quarter) according to the following indicators and in the amount: 1) ________________________________________________________________________________; 2) ________________________________________________________________________________; 3) ________________________________________________________________________________; 5.4. The employee is paid a remuneration based on the results of work for the year in the amount of _______________ rubles. 6.1. The employee is given a normalized (non-standardized) working day. 6.2. The monthly 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 day is paid at double the rate for each hour. 6.3. The start and end times of the working day, as well as breaks for rest and food, are determined by the internal labor regulations of the enterprise and the orders of the director. 6.4. The normal working week should generally not exceed 41 (20.5) hours per week. Overtime beyond the normal working week is paid at double the rate for each hour. Days off are provided to the Employee in accordance with the internal labor regulations of the enterprise. 6.5. Overtime in excess of the normal working hours is allowed as necessary, but the duration of working hours for the accounting period (__________ months) should not exceed the normal number of working hours (___________ hours). 6.6. Night time is considered to be from 10 pm to 6 am. Night work is paid at time and a half. 7.1. The employee has the right to annual basic leave of _____________ calendar days. Depending on his performance, he may be granted additional leave. Financial assistance in the amount of ______________ rubles is paid for annual leave. 8.1. During the period of validity of the employment contract, the employee is subject to social insurance and social security in accordance with the current legislation on labor and social security. 8.2. In case of permanent loss of ability to work (disability) as a result of an industrial accident, the Employee is paid, in addition to the one established by law, a one-time benefit in the amount of _______________ salaries. 8.3. In case of disability due to illness or as a result of an accident not related to production, the Employee is paid a one-time benefit in the amount of ________________ salaries. 8.4. In the event of the death of the Employee during the period of validity of the Contract, his family is paid in addition to the benefit established by law in the amount of _____________ salaries. 8.5. In case of temporary loss of ability to work, the Employee is paid the cost of medicines and paid services of medical institutions in the amount of ____________________________ rubles. 9.1. Social services for the Employee are provided by the management of the enterprise in accordance with the decision of the general meeting of the workforce and at the expense of funds allocated for these purposes. 9.2. The employee is provided with the following services and benefits for social services, not established by current legislation: - payment of a one-time allowance for annual leave in the amount of _______________ rubles; - annual provision to the Employee and his family members of a voucher to a sanatorium or rest home with the Employee paying _______ percent of the cost of the voucher; - provision of an apartment to the Employee on the terms: ___________________________________; 10.1. This Agreement may be amended or supplemented by its parties during the period of its validity. Moreover, all of these changes and additions will have legal force only if they are written and signed by the parties as an integral part of this Agreement. Changing the terms of the Agreement, its extension and termination is possible by agreement of the parties at any time. 10.2. Upon expiration of the Contract, it is terminated (in the case of a fixed-term employment contract) 10.3. The Contract is subject to early termination at the initiative of the Employee in the event of: a) his illness or disability preventing the performance of work under the Contract; b) violation by the management of the enterprise (Employer) of labor legislation or the terms of this Agreement; c) other valid reasons ___________________________________________________. 10.4. An employment contract (fixed-term) before its expiration can be terminated at the initiative of the Employer on the following grounds: a) changes in the organization of production and labor (liquidation of an enterprise, reduction in the number or staff of employees, changes in working conditions, etc.); b) discovered inconsistency of the Employee with the work performed in the absence of guilty actions on his part; c) guilty actions of the Employee (systematic failure to perform work duties without good reason, absenteeism, appearing at work while intoxicated and other violations of labor discipline, disclosure of trade secrets, violation of clause 12.3 of this Agreement, committing theft, etc.). 10.5. Dismissal at the initiative of the Employer is carried out on the basis of the corresponding conclusion of the head of the structural unit of the enterprise, in compliance with the requirements of the labor legislation of the Russian Federation. 11.1. Upon termination of the employment contract on the grounds provided for in clause 10.3, sub. a) and b) clause 10.4 of this Agreement, the Employee is paid severance pay in the amount of average monthly earnings. Upon termination of the Agreement on the grounds provided for in subparagraph. a) clause 10.4 of the Agreement, the Employee also retains his average monthly salary for the period of job search during the second and third months from the date of dismissal, if he has registered with the employment service as a job seeker within 10 calendar days after dismissal. 11.2. Subject to termination of the employment contract (for good reasons), along with the payments provided for by current legislation and this Agreement, the Employee is also paid a one-time benefit in the amount of ________________ rubles. (in numbers and words) 12.1. The Employer's enterprise serves as the Employee's main place of work; An employee is hired to work part-time at an enterprise (cross out what is not necessary). 12.2. Labor functions not arising from this Agreement may be performed by the Employee within the enterprise only with the consent of the head of the structural unit and the director of the enterprise. 12.3. The Employee does not have the right to perform, under contracts with other enterprises and organizations, work related to _________________________________________________ ________________________________________________________________________________ (brief description of the Employee’s labor function) under this Agreement, as well as engage in any other type of activity in other enterprises and organizations, if this may cause economic or other damage To the employer. Failure to comply with this clause is sufficient grounds for dismissal of the Employee 12.4. The Employer pays the Employee a one-time benefit in the amount of _______________ rubles within days after the conclusion of the Agreement. The benefit is not a form of remuneration. 12.5 The Employer pays the Employee monthly _______________ rubles. 12.6. All materials created with the participation of the Employee and on the instructions of the enterprise are the property of the enterprise. 12.7. The parties undertake not to disclose the terms of this Agreement without mutual consent. 12.8 The terms of this Agreement can only be changed by agreement of the parties. 12.9. The parties are responsible for fulfilling their obligations under this Agreement in accordance with the current legislation of the Russian Federation. 12.10. Disputes and disagreements that may arise during the implementation of the terms of this Agreement, the parties will strive to resolve amicably by mutual agreement. If a mutually acceptable solution is not reached, the dispute may be referred for resolution in the manner prescribed by the labor legislation of the Russian Federation. 12.11. Regarding issues that have not been resolved in the terms (provisions) of this Agreement, but directly or indirectly arising from the relationship between the Employer and the Employee under it from the point of view of the need to protect their property and moral rights and interests protected by law, the parties to this Agreement will be guided by the provisions of the Labor Agreement Code of the Russian Federation and other relevant mandatory regulations of the Russian Federation. Employer Employee (full name) Last name ______________________________ _______________________________ First name _________________________ Postal address (with index) Patronymic ____________________ ______________________________ Date of birth ___________________ Telegraphic address Address (with index) _____________ ______________________________ _________________________________ Fax _________________________ Passport series ___________________ Telephone ______________________ No. _______________________________ Taxpayer Identification Number _________________________ Issued by (by) _____________________ Settlement account No. ______________ (when) _________________________ in the bank _______________________ INN _____________________________ in the city __________________________ corr. account No. __________________ BIC _________________________ This Agreement was signed in the city ________________________________________________. “__” _______________ 201 _ in two copies - one for each of the parties,
both copies have equal legal force. Signatures of the parties to the employment contract: Employer Employee Signature I. O. Last name Signature I. O. Last name
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 is allocated as 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 employees 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 the qualifications, business qualities and 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 engaged by the employer to perform their job duties outside of 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. Six- and five-day weeks or rotating schedules are also common.
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 necessary 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 - hire 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 employee can be drawn up at an earlier age. A student can be hired by an enterprise if he left the educational institution before he received a general basic education. Moreover, his age can 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 of commercial activities or liquidation of the enterprise), in addition to compliance with the general current procedure, is permitted only with the consent of the state inspectorate and the commission for minors.
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 the required list of papers. The list includes:
- Passport or other document that proves your identity.
- Work book. The exception is cases when an employment contract is drawn up for a part-time employee or the employee begins his 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
When applying for a job, it is necessary to document the relationship. An agreement is created that describes all the rights and obligations of the parties to the contract. No oral agreement has legal force, unlike this document. Both parties must understand why such a contract is used, as well as how to draw it up and sign it correctly. An employment contract with an employee is the basis and confirmation of the employment relationship.
An employment contract with an employee is one of the main documents that appears in labor legislation and in working relations. The conclusion of an employment contract is mandatory for organizations that control labor relations in our country.
It contains a detailed description of the type of activity, i.e. what the person hired will do, the conditions, as well as the obligations that the manager assumes.
Such responsibilities include payment of labor, as well as provision of conditions for work activities and payment of all required insurance contributions. The employer guarantees certain social protection for the employee for a period established in a written document.
The parties to the agreement are: the employer, who can be an individual or a legal entity, and the employee. The latter, when signing the paper, agrees to comply with all internal rules of the organization and his direct responsibilities. The conditions that are specified in such an agreement should not go beyond the scope of the Labor Code and the legislation applicable in the country.
The contract signed upon joining is a full-fledged legal document that confirms the existence of a relationship between the administration of the organization and the employee. It can be relied upon when litigating grievances between parties in court and provides all the rights associated with labor in our country.
Attention! Since the transaction is a bilateral agreement, it must also be written in at least 2 copies, one for each party.
The subject of an employment contract with an employee is the employee’s activities, and the employee must perform his functions personally, without replacement by other persons. In addition, the employee undertakes to follow all internal rules of the organization for which he gets a job with the signing of the contract.
The employer's primary responsibilities include the normal organization of work and the creation of acceptable conditions for the employee to perform all his functions.
It is necessary to distinguish a standard contract from a civil one. The latter has completely different conditions than labor. The subject of the civil agreement is the result of the activity, and how to achieve it is decided by the employee.
Employment contract form
The form for concluding an employment contract with an employee is established in writing. This is the only way it has meaning and legal force. To do this, you can use a computer, print out the prepared form according to the sample and fill it out correctly.
The correct document form includes three main parts:
- Introduction, which contains information about the parties to the agreement. This is the full name and passport details of the employee and the address of the employing organization.
- Main part. It should stipulate the conditions and obligations for the parties. Both mandatory and individual items are indicated here for each specific case.
- Conclusion. Contains the details of the organization and the future employee, as well as the signatures of the parties and the date of conclusion.
In addition, the agreement is stamped, although this is not a mandatory condition. Given that an employment agreement can be signed by a teenager under the age of 14, it is imperative to ensure that the consent of his legal representatives is obtained.
It is important to understand that an employee can start work three days before the agreement is concluded. This fact is stated in all applicable standards. This is done for admission to work with the desire to enter into a contract in the future. But the period from the start of work to the drawing up of a written act should not exceed three days.
Attention! Separately, it is worth noting the form of the employment contract with the employee, which is concluded by an employer who is not an individual entrepreneur or organization. In this case, it is necessary to note the document in the local administration, where the employer is registered.
Types of concluded contracts
Employment transactions are divided into different types, depending on the duration of such agreement. First of all, employment contracts can be open-ended or fixed-term. The most commonly used option is the unlimited option. A fixed-term contract is considered to be concluded for no more than 5 years.
Fixed-term agreements have their own classification:
- They have a precisely defined period. Such conditions occur in elective positions, in which people work for a clearly established period.
- They have a relatively defined period of validity.
- Conditionally urgent period. This happens, for example, if it is necessary to replace a key employee.
In most cases, a fixed-term contract is concluded to perform temporary and seasonal work. In any case, a fixed-term contract has its own conditions. The main thing is the consent of all participants. If an employer hires a person by signing a fixed-term contract without the consent of the hired employee, the latter has the right to go to court or the labor inspectorate.
In addition to the term, contracts also differ in the amount of work that the hired employee will perform. This can be a main job or part-time. An agreement on part-time work can only be concluded if the hired person works no more than 4 hours per day. Also, when combining two jobs, you need to take into account that two contracts must be concluded - for the main production and for the combined one.
There is also a classification based on who the agreement is concluded with. This may be an employer - an organization, that is, a legal or natural person who also has the right to act as an employer.
On the other hand, teenagers or foreigners can act as workers, which is also one of the types of a general contract. When resolving an agreement with a foreign citizen, a notification about the conclusion of an employment contract must be sent to the FMS department within three days after its signing.
There is also a classification based on working conditions. Working at night, in conditions hazardous to health, as well as performing heavy labor affect the execution of the contract and its nuances. All these points must be recorded in the work contract.
Download a sample employment contract form
To draw up a contract, just download the employment contract form from the samples provided online. This is a standard form that takes into account all the points established by law that are considered mandatory. Before downloading the employment contract form, you need to carefully review it so that it has all the necessary subsections. The document roughly looks like this:
After the 2018 employment contract with an employee has been downloaded for free, it must be filled out and signed. A sample employment contract with an employee can also be drawn up by company lawyers.
What should a contract with an employee contain?
According to the standards of the modern Labor Code, there are several elements that must be in the employment contract with the employee and his employer.
In this case, the terms of the employment contract are divided into mandatory, without which the contract can be declared invalid, and additional.
Mandatory terms of the employment contract
These include the place of work; in the contract it is indicated as the name of the organization in which the hired person performs his functions. If, under the contract, work activities will be carried out in any division of the organization, then you need to clarify its address.
The second prerequisite is labor functions. At this point, it is necessary to describe in detail what position and specialty the employee will work in. And the start date of work must be indicated. It is important that the date of conclusion of the contract may not coincide with the day the work activity begins.
If the contract relates to fixed-term agreements, then it is necessary to indicate until what date it is valid. In case of an open-ended contract, it is necessary to indicate under what conditions it can be terminated. The contract specifies the terms of payment for work activities.
Additional terms of the employment contract
These items include a probationary period, which can be assigned by agreement of all participants. If an employee has access to a trade or other secret, the employment agreement may include a clause on maintaining this secret.
If the person being hired was trained at the expense of the employer, the agreement may indicate the period for which the employee is obliged to work, or the amount that he will return to the entrepreneur in the event of early termination of the contract.
In addition, additional conditions may be included when concluding an employment contract, for example, the provision of housing or a certain amount of money to enable the employee and his family to move to a new place.
Additional conditions can be very varied, depending on the specific situation and the employer.
Important! It is necessary that none of the additional points violate the laws of the Labor Code or general Russian legislation.
The procedure for concluding an employment contract and its entry into force
Only a correctly concluded employment contract with an employee can enter into force and will have legal justification. According to the accepted procedure for conclusion, the document must be in two copies, each of which is signed by both parties. In this case, each of the participants must have one of the copies in their hands.
According to the procedure, the document is considered to come into force immediately from the day it is signed or from the day the employee actually began to perform his functions. In the event that the start date of work is not specified separately in the contract, the employee can start on the next day after the date that is specified. At the same time, the hired person must begin work on the day specified in the document, or the next day after signing. Otherwise, the employer can use sanctions according to the internal schedule.
Important! It is very important to note that, according to the law, they do not have the right to refuse to conclude a contract to a person for reasons not related to his labor qualifications. This is called discrimination, and the employee has the right to demand compensation for material and moral damage through the courts.
In conclusion
Any relationship must be recorded in a document. Only in this case can we not hope that they will be protected by law and legal norms. Therefore, when entering production, the hired employee needs to carefully consider the conclusion of the contract, and the employer needs to include all the nuances in the document so that controversial situations and questions do not arise.
A sample agreement can be found on the Internet or drawn up yourself. It is important that the mandatory terms of such a contract are present, otherwise it will not have legal force.