Article 57 of the Labor Code of the Russian Federation elimination of mismatched entries. Theory of everything. How additional agreements are made to the employment contract

23.09.2020

The employment contract specifies:

last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;

information about the documents proving the identity of the employee and the employer - an individual;

an identification number taxpayer (for employers, except for employers - individuals who are not individual entrepreneurs);

information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;

place and date of conclusion of the employment contract.

The following conditions are mandatory for inclusion in an employment contract:

place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural subdivision of the organization located in another locality, the place of work indicating the separate structural unit and its location;

labor function (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type of work assigned to the employee). If, in accordance with this Code, other federal laws with the performance of work in certain positions, professions, specialties, the provision of compensations and benefits or the presence of restrictions is associated, then the name of these positions, professions or specialties and qualification requirements to them must comply with the names and requirements specified in qualification guides approved in the manner prescribed by the Government Russian Federation, or the relevant provisions of professional standards;

the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;

terms of remuneration (including the amount tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments);

working time and rest time (if for this employee it is different from general rules operating at this employer);

guarantees and compensations for work with harmful and (or) hazardous conditions labor, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions at the workplace;

conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

working conditions in the workplace;

mandatory condition social insurance an employee in accordance with this Code and other federal laws;

other conditions in cases stipulated labor law and other normative legal acts containing norms labor law.

If, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the annex to employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.

The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:

on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;

about the test;

on non-disclosure of legally protected secrets (state, official, commercial and other);

on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;

on the types and conditions of additional employee insurance;

on improving the social and living conditions of the employee and members of his family;

on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;

on additional non-state pension provision for an employee.

By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements . The failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

PART III. SECTION I II . LABOR CONTRACT
Chapter 10. GENERAL PROVISIONS

Article 5 7. Content of the employment contract

The employment contract specifies:
last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;
information about the documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);
information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;
place and date of conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;
labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If, in accordance with federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved by the in the manner established by the Government of the Russian Federation;
the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;
terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);
the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);
compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.
The employment contract may provide for additional conditions that do not worsen the position of the employee compared to the established one.
labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:
on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;
about the test;
on non-disclosure of legally protected secrets (state, official, commercial and other);
on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional employee insurance;
on improving the social and living conditions of the employee and members of his family;
on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements . Failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations..

Comment .
1. The content of the employment contract is the conditions that determine the rights and obligations of its parties - the employee and the employer. In addition, the employment contract contains information that determines the formal side of its conclusion. The indication in the employment contract of certain information, the inclusion in it of the conditions on which the parties have reached an agreement, is of great legal importance for the subsequent determination of the legal consequences in connection with the execution of the employment contract, amendments to it or termination.
2. In addition to the conditions that determine the rights and obligations of the parties, the employment contract contains information that allows you to determine the formal, but no less important, aspects of the employment contract: identification of the parties, their powers, date and place of conclusion of the employment contract. Unlike the terms of an employment contract, the parties do not agree on information, but state facts that are of significant legal significance for the emergence of an employment relationship. So, for example, with the date of signing by the parties of the employment contract, the law connects the moment of its entry into force, which also allows you to determine the date of commencement of work, if for some reason it was not determined by the parties in the text of the employment contract (see Article 61 of the Labor Code of the Russian Federation and comment on it).
The amendments made to the commented article significantly expanded the list of information contained in the employment contract by including information about the documents proving the identity of the employee and the employer - an individual, about the representative of the employer who signed the employment contract, the place and date of the conclusion of the employment contract, about the identification tax number for certain employers.
First of all, Art. 57 of the Code obliges to include in the employment contract information that makes it possible to clearly identify the parties to the employment contract. For an employee or employer - an individual (including individual entrepreneur) such information is the surname, name, patronymic, and for the employer - a legal entity (organization) - its name.
The surname, name, patronymic of the employee (employer - an individual) are indicated in strict accordance with the document proving his identity. The name of the legal entity is contained in its constituent documents. Some organizations provide for the full and abbreviated names in the constituent documents. We believe that in order to more accurately identify the employer, the employment contract should indicate the full name of the legal entity, indicating its organizational and legal form (open (closed) joint stock company, limited liability company, federal state (municipal) unitary enterprise, etc.).
The mandatory information specified in the employment contract includes information about the document proving the identity of the employee and the employer - an individual.
The main document proving the identity of a citizen of the Russian Federation is the passport of a citizen of the Russian Federation, which all citizens of the Russian Federation who have reached the age of 14 and reside on the territory of the Russian Federation are required to have (clause 1 of the Regulations on the passport of a citizen of the Russian Federation, approved by a decree of the Government of the Russian Federation dated 07/08/1997 No. 828 “On approval of the Regulations on the passport of a citizen of the Russian Federation, a sample form and description of a passport of a citizen of the Russian Federation”). If it is impossible to present a passport, the identity of the employee can be certified by other documents. (For more information about them, see Article 65 of the Labor Code of the Russian Federation and the commentary to it.)
It is sufficient to indicate in the employment contract the name and details (series, number, date of issue, name of the body or organization that issued this document) of the document, in accordance with which the last name, first name, patronymic of the employee or employer - an individual are indicated in the employment contract.
An additional way to individualize the employer is to indicate his taxpayer identification number in the employment contract. In accordance with the Procedure and conditions for assigning, applying, as well as changing the taxpayer identification number during registration, deregistration of legal entities and individuals, approved. By order of the Ministry of Taxation of Russia dated 03.03.2004 No. BG-3-09 / 178, all legal entities and individual entrepreneurs are assigned a taxpayer identification number (the so-called TIN), which is a ten-digit (for legal entities) or twelve-digit (for individuals) digital code . TIN is assigned by the tax authority at the location of the legal entity (or at the place of residence of an individual entrepreneur) and is indicated in the certificate of tax registration with the tax authority.
The employment contract is not required to indicate the TIN of the employer - an individual who does not have the status of an individual entrepreneur.
Due to frequent disputes about the lack of authority of the representative of the employer who signed the employment contract with the employee to commit such legal action new edition of Art. 57 of the Code provides for the indication in the employment contract of information about the representative of the employer who signs the employment contract on behalf of the employer, and his powers.
In accordance with the clarifications of the Plenum of the Supreme Court of the Russian Federation set out in Resolution No. 2 of March 17, 2004 “On the application by the courts of the Russian Federation Labor Code Russian Federation”, the representative of the employer is a person who, in accordance with the law, other regulatory legal acts, founding documents of a legal entity (organization) or local regulations or by virtue of an employment contract concluded with this entity is empowered to hire employees (clause 12).
The legislator does not specify how much information about the representative of the employer who signed the employment contract is sufficient. We believe that it is appropriate to indicate the surname, name, patronymic of the representative, his position and the details of the document containing the relevant powers of the representative.
As a rule, employment contracts on behalf of the organization are concluded by its head, who, in accordance with the charter, manages the activities of the organization. Therefore, in order to conclude an employment contract, it is sufficient, as a rule, for the head of an organization to make a reference to the charter of the organization in confirmation of his authority in the employment contract.
There are frequent cases when the head of an organization delegates the authority to conclude employment contracts with employees to his deputies, heads of branches, representative offices and other officials. In this case, the powers officials can be confirmed by an order (instruction) of the head of the organization (and for the heads of branches and representative offices also by a power of attorney), which provides for the right of these persons to conclude labor contracts with employees. The employment contract concluded with the employee should indicate the surname, name, patronymic of the official, the name and details (date, number) of the document confirming the authority.
The legislation also provides for the possibility of managing a legal entity of another commercial organization(managing organization) or an individual entrepreneur (manager) (Article 103 of the Civil Code of the Russian Federation, Article 69 of the Federal Law of December 26, 1995 No. 208-FZ “On joint-stock companies”, Art. 33 of the Federal Law of February 8, 1998 No. 14-FZ “On Limited Liability Companies”). In such cases, when concluding an employment contract with persons hired, one should indicate the last name, first name, patronymic of the manager or official of the managing organization, the name of the managing organization, as well as the details of the contract (number, date of conclusion), on the basis of which the manager or managing organization, and details of the document (date, number) confirming the authority of the official of the managing organization.
The employer - an individual concludes an agreement on his own behalf, however, the legislation does not limit the possibility of entrusting him, on the basis of a power of attorney, to another person with the duties of hiring employees on his behalf.
New edition Part 1 Art. 57 of the Labor Code of the Russian Federation also obliges to fix in the employment contract the place and date of its conclusion. An indication of the place of conclusion of the employment contract is important legal meaning in a situation where, for example, the location of the employer has not been determined by the parties. In this case, the place of conclusion of the employment contract may indirectly indicate the place ( locality) performance of labor duties, which, in turn, may be important in deciding whether to apply the legislation of a constituent entity of the Russian Federation to labor relations, resolving the issue of transferring an employee in connection with the employer's relocation to another locality, etc.
The date of conclusion of an employment contract is of particular legal importance, since in certain cases the law associates with it the determination of the date of commencement of work (see Article 61 of the Labor Code of the Russian Federation and commentary thereto).
3. The commented article subdivides all the terms of the employment contract into two groups: mandatory for inclusion in the employment contract and additional. It should be noted that in the previous version of Art. 57 of the Code, there was a distinction between the terms of an employment contract into essential and others. Law enforcement practice has demonstrated the inconvenience of applying such a division of the terms of an employment contract, since such a construction, essentially a civil law one (see Article 432 of the Civil Code of the Russian Federation), made it possible to raise the issue of recognizing an employment contract as not concluded in the absence of at least one of the essential conditions of the employment contract (for example about compensation for
hard work and work with harmful and (or) dangerous working conditions), which, in turn, did not contribute to the stability of labor relations.
Mandatory conditions for inclusion in an employment contract (hereinafter referred to as mandatory conditions) must be contained in any employment contract. Their list is determined by Part 2 of Art. 57 of the Code. The inclusion in the employment contract of one or another mandatory condition is necessary if such a condition characterizes the content of the employment relationship, about which the employment contract is concluded. For example, the clause of an employment contract on compensation for hard work and work with harmful and (or) dangerous working conditions should be included in the employment contract only if the employee is hired under these conditions. At the same time, in the specified list of mandatory conditions, it is possible to single out such conditions that are inherent in each employment contract and their presence is necessary in any employment contract. Such conditions include place of work, labor function, conditions of remuneration.
Failure to reach agreement between the parties on the mandatory conditions may lead to the failure to conclude an employment contract as a whole. However, the failure by the parties to enter certain mandatory conditions into the concluded employment contract is not a basis for recognizing such an employment contract as not concluded or for terminating it. The employment contract must be supplemented with missing information and (or) conditions (part 3 of article 57 of the Labor Code of the Russian Federation).
Additional conditions are not mandatory to be included in every employment contract. Additional terms of the employment contract are established by agreement of the parties, while any party (employee or employer) can initiate the inclusion of a particular condition. At the same time, failure by the parties to reach agreement on at least one of the initiated conditions may be a reason for not concluding an employment contract as a whole.
Indicative list additional conditions of the employment contract are given in part 4 of the commented article. The parties have the right to provide in the concluded employment contract any conditions from those contained in the specified list, as well as other conditions. However, it should be borne in mind that the law does not allow the introduction of conditions into the employment contract that worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations. The absence of additional conditions in the employment contract does not give rise to the obligation of the parties to supplement it, however, if in the future it becomes necessary to make them, the parties have the right to do this at any time by drawing up an appendix or additional agreement to the employment contract in writing.
After the conclusion of the employment contract, all the conditions included in it (mandatory and additional) have equal legal force and are binding on the parties to the employment contract.
4. Among the mandatory conditions for inclusion in the employment contract, Art. 57 of the Code refers, first of all, to the place of work. By general rule, the place of work is understood as the employer to which the employee is hired. This may be an organization, an individual entrepreneur or an individual who is not an individual entrepreneur (if the employment contract is concluded for the purpose of personal service and household assistance).
The law does not oblige to indicate in the employment contract the specific location of the employer, however, an indication that the employer is located on the territory of the corresponding administrative-territorial unit seems necessary, since the employer’s relocation to another locality is considered by the legislator in relation to labor relations with an employee as a transfer of an employee for another job and requires the written consent of the employee (Article 721 of the Labor Code of the Russian Federation). The specific location of the employer - legal entity is determined by the place of its state registration(Article 54 of the Civil Code of the Russian Federation), and for the employer - an individual, including an individual entrepreneur - the place of residence.
New edition of Art. 57 of the Code does not provide for the obligation of the parties to include in the employment contract a clause on the structural unit (department, workshop, site, etc.) in which the employee will work. This condition is optional.
Along with this, the obligation to clarify the place of work in the employment contract remains in relation to work in a branch, representative office or other separate structural unit of the organization located in another locality. In this case, the parties indicate in the employment contract not only the employer - entity, but also the name of its separate structural unit and location (city, town or other settlement).
One of the mandatory conditions of an employment contract is an indication of the employee's labor function. Article 15 of the Code defines the labor function of an employee as work according to the position in accordance with the staff list, profession, specialty, indicating qualifications or a specific type of work assigned to the employee.
The position of the employee determines the range of his duties and rights in accordance with the place and role of the employee in the organization. The name of the position in the employment contract must correspond to the name of this position in the staff list. The staffing table is a local regulatory act of the employer, which defines the list of positions, information on the number of staff units, tariff rates (salaries), allowances, etc. accounting documentation for the accounting of labor and its payment” (form T-3).
Specialty determines the type professional activity an employee improved as a result of special training; area of special knowledge (for example, an engineer for labor protection, an orthodontist, a turner-borer). Qualification should be understood as the level of preparedness, skill, professional skills necessary to perform work in a particular specialty or position. Qualification is determined by rank, class and other qualification categories.
The commented article obliges to indicate in the employment contract the names of positions, professions, specialties and qualification requirements for them in strict accordance with the names and requirements specified in special qualification reference books approved in the manner established by the Government of the Russian Federation, in all cases when federal law provides for the provision of compensation and benefits or the presence of restrictions in connection with the performance of work in certain positions, professions and specialties. For example, the right to additional leave and reduced working hours are employees working in hazardous working conditions, whose professions and positions are provided for in the List of industries, workshops, professions and positions with harmful conditions labor, work in which gives the right to additional leave and a shorter working day, approved. Decree of the State Committee for Labor of the USSR No. 298 and the Presidium of the All-Union Central Council of Trade Unions No. P-22 of 10/25/1974. Employees performing work in professions (positions) included in the Lists of industries, jobs, professions, positions and indicators giving the right to preferential pension provision are entitled to preferential pension provision, approved. Decree of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10. In all cases of performing the specified work, the names of professions and positions of employees must correspond to the names indicated in these lists.
In addition, the Qualification Directory for the positions of managers, specialists and other employees is currently being used, approved. Decree of the Ministry of Labor of Russia dated August 21, 1998 No. 37, and the Unified Tariff and Qualification Reference Book of Works and occupations of workers(ETKS). These documents approved the qualification characteristics of types of work, professions and positions corresponding to the level of knowledge, skills and qualifications. The Unified Tariff and Qualification Reference Book of Works and Professions of Workers is a collection of individual industry issues approved at different times. The general provisions of the ETKS were approved by the Decree of the State Committee for Labor of the USSR No. 31 and the Secretariat of the All-Union Central Council of Trade Unions No. 3-30 dated January 31, 1985 “On Approval of the “General Provisions of the Unified Tariff and Qualification Handbook of Works and Professions of Workers of the National Economy of the USSR”, section “Professions of workers common to all sectors of the national economy economy” of the Unified Tariff and Qualification Directory of Works and Professions of Workers, Issue 1. The list of issues of ETKS valid on the territory of the Russian Federation was approved by the Decree of the Ministry of Labor of Russia dated May 12, 1992 No. 15a “On the application of existing qualification work guides, occupations of workers and positions of employees at enterprises and organizations located on the territory of Russia”, which must be applied with adjustments for the later issues of ETKS. The procedure for applying the Unified Qualification Handbook for the positions of managers, specialists and employees was approved by the Decree of the Ministry of Labor of Russia dated February 9, 2004 No. 9. In accordance with the Decree of the Government of the Russian Federation dated October 31, 2002 No. 787, the Ministry of Labor of Russia (now the Ministry of Health and Social Development of Russia), together with the federal executive authorities development of new directories - the Unified Tariff and Qualification Directory of Works and Professions of Workers and the Unified Qualification Directory for the Positions of Managers, Specialists and Employees.
The employment contract must define a specific day from which the employee is obliged to start performing labor duties - the date of commencement of work. The dates of the conclusion of the employment contract and the start of work may coincide or have a time gap. As a rule, the date of conclusion precedes the date of commencement of work, however, in practice there are cases when an employment relationship arises before the execution of an employment contract (for example, when an employee is actually admitted to work with the knowledge or on behalf of the employer or his representative (see Article 67 of the Labor Code of the Russian Federation and commentary on it. In this case, the employment contract simultaneously indicates the actual date of signing by the parties of the employment contract and the date of the actual start of work. When the parties conclude an employment contract for a certain period, it is necessary to indicate in its text the duration of the employment contract, as well as the reason that served as the basis for establishing the period. The list of grounds that allow the conclusion of a fixed-term employment contract is contained in Art. 59 of the Code, is exhaustive and cannot be supplemented by the parties at their discretion. (For more information on the procedure for concluding fixed-term employment contracts, see Articles 58, 59 of the Labor Code of the Russian Federation and comments thereto.)
When specifying the terms of remuneration in the employment contract, it is necessary to determine the remuneration of the employee for his work, depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed by him. Remuneration is formed on the basis of the tariff rate, official salary (base salary - for employees public sector), additional payments and allowances of a compensatory and incentive nature in accordance with the collective agreement, agreement, local regulations of the employer, labor legislation and other regulatory legal acts. The employment contract indicates the amount of the tariff rate or official salary (base salary). The law does not require an indication in the employment contract of a specific amount of additional payments, allowances and incentive payments, however, a listing of the types of additional payments, allowances and incentive payments to which the employee is entitled is still necessary in the employment contract. At the same time, the employee should be familiarized with the provisions of the legislation of the Russian Federation, the collective agreement, agreement, local regulatory act of the employer, which determine the procedure and conditions for their payment. (For more information on wages, see Articles 129–158 of the Labor Code of the Russian Federation and comments thereto.)
As a rule, the working regime and rest time of employees is established by the internal labor regulations approved by the employer. In an employment contract concluded with an employee, the mode of work and rest must be indicated if it differs for this employee from the general rules in force for this employer. For example, part-time work or part-time work week, flexible (flexible) schedule, provision of an additional break during the working day, etc.
Compensation for hard work and work with harmful and (or) dangerous working conditions are included in the employment contract if the employee is hired under the relevant conditions, and are established on the basis of the results of the workplace attestation. The amount of compensation is determined by laws and other regulatory legal acts, an agreement, a collective agreement, a local regulatory act of the employer. Types of compensation for hard work and work with harmful and (or) dangerous working conditions are specified in the employment contract. Their specific size can be determined directly in the employment contract, or it can refer to the legislation of the Russian Federation, the collective agreement, agreement or local regulatory act of the employer that regulates this issue. At the same time, the employee should be familiarized with their content.
The employment contract should also indicate the characteristics of working conditions at the workplace in accordance with the results of the workplace attestation. (For more information about compensation for hard work and work with harmful and (or) dangerous working conditions, see Articles 147, 219 of the Labor Code of the Russian Federation and comments thereon.) An indication in the employment contract of the conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, a different nature of work), allows not only to specify the employee’s labor duties, but also to determine the amount of guarantees and benefits to which the employee is entitled in connection with the performance of this kind of work in certain legislation of the Russian Federation, agreement, collective agreement, local regulations of the employer cases.

Section III. LABOR CONTRACT

Chapter 10. GENERAL PROVISIONS

Article 56. The concept of an employment contract. Parties to the employment contract

Employment contract - an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and by this agreement, to 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, to comply with the internal labor regulations applicable to this employer. (part one as amended by Federal Law No. 90-FZ of 30.06.2006)

The parties to an employment contract are the employer and the employee.

Article 57. Content of an employment contract

The employment contract specifies:

last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;

information about the documents proving the identity of the employee and the employer - an individual;

taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);

information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;

place and date of conclusion of the employment contract.

The following conditions are mandatory for inclusion in an employment contract:

place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;

labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards; (as amended by Federal Laws No. 13-FZ of February 28, 2008, No. 236-FZ of December 3, 2012)

terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);

guarantees and compensations for work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace; (as amended by Federal Law No. 421-FZ of December 28, 2013)

conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

working conditions in the workplace; (paragraph introduced by Federal Law No. 421-FZ of December 28, 2013)

a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;

other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

If, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.

on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;

about the test;

on non-disclosure of legally protected secrets (state, official, commercial and other);

on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;

on the types and conditions of additional employee insurance;

on improving the social and living conditions of the employee and members of his family;

on additional non-state pension provision for an employee. (paragraph introduced by Federal Law No. 421-FZ of December 28, 2013)

Article 58. Term of an employment contract

Employment contracts may be concluded:

1) for an indefinite period;

2) for a fixed period of not more than five years (fixed-term employment contract), unless another period is established by this Code and other federal laws.

A fixed-term employment contract is concluded when labor relations cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its performance, namely in the cases provided for by paragraph one of Article 59 of this Code. In the cases provided for by the second part of Article 59 of this Code, a fixed-term employment contract may be concluded by agreement of the parties to the employment contract without taking into account the nature of the work to be done and the conditions for its performance. (Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

If the employment contract does not specify the term of its validity, then the contract is considered concluded for an indefinite period.

In the event that none of the parties demanded the termination of a fixed-term employment contract due to its expiration and the employee continues to work after the expiration of the employment contract, the condition on the urgent nature of the employment contract becomes invalid and the employment contract is considered concluded for an indefinite period. (Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

An employment contract concluded for a fixed period in the absence of sufficient grounds established by the court is considered to be concluded for an indefinite period. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

It is prohibited to conclude fixed-term employment contracts in order to avoid granting the rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 59. Fixed-term employment contract

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

A fixed-term employment contract is:

for the duration of the performance of the duties of an absent employee, for whom, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, the place of work is retained;

for the duration of temporary (up to two months) works;

to perform seasonal work, when, due to natural conditions, work can only be done during a certain period (season);

with persons sent to work abroad;

for work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work associated with a deliberately temporary (up to one year) expansion of production or the volume of services provided;

with persons entering work in organizations created for a known period or to perform a known work;

with persons hired to perform a known work in cases where its completion cannot be determined by a specific date;

to perform work directly related to practice, vocational training or additional professional education in the form of an internship; (As amended by Federal Law No. 185-FZ of July 2, 2013)

in cases of election for a certain period to an elected body or to an elective position for paid work, as well as employment related to the direct support of the activities of members of elected bodies or officials in bodies state power and local governments, in political parties and other public associations;

with persons sent by the bodies of the employment service to work of a temporary nature and public works;

with citizens sent for alternative civilian service;

By agreement of the parties, a fixed-term employment contract may be concluded:

with persons coming to work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people);

with pensioners entering work by age, as well as with persons who, for health reasons, in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature;

with persons entering work in organizations located in the regions of the Far North and areas equivalent to them, if this is associated with moving to the place of work;

to carry out urgent work to prevent catastrophes, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances;

with persons elected by competition to fill the relevant position, held in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms;

with creative workers of the media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations; (as amended by Federal Law No. 13-FZ of February 28, 2008)

with heads, deputy heads and chief accountants of organizations, regardless of their organizational and legal forms and forms of ownership;

with persons receiving full-time education; (As amended by Federal Law No. 185-FZ of July 2, 2013)

with crew members of seagoing vessels, inland navigation vessels and mixed (river - sea) navigation vessels registered in the Russian International Register of Vessels; (paragraph introduced by Federal Law No. 305-FZ of November 7, 2011)

with persons entering a part-time job;

in other cases provided for by this Code or other federal laws.

Article 60

It is prohibited to require an employee to perform work not stipulated by an employment contract, except as provided for by this Code and other federal laws.

Article 60.1. Part-time work

The employee has the right to conclude employment contracts on the performance of other regular paid work with the same employer (internal part-time job) and (or) with another employer (external part-time job) in his spare time from his main job.

Features of labor regulation of persons working part-time are determined by Chapter 44 of this Code.

Article 60.2. Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without release from work specified in the employment contract

(Introduced by Federal Law No. 90-FZ of June 30, 2006)

With the written consent of the employee, he may be entrusted with the performance during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in another or the same profession (position) for additional payment (of this Code).

Additional work assigned to an employee in another profession (position) may be carried out by combining professions (positions). Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas, increasing the volume of work. In order to fulfill the duties of a temporarily absent employee without being released from work specified in the employment contract, the employee may be entrusted with additional work both in another profession and in the same profession (position).

The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.

The employee has the right to early refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance.

Article 61. Entry into force of an employment contract

An employment contract shall enter into force from the day it is signed by the employee and the employer, unless otherwise provided by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his employer. authorized representative. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 421-FZ of 28.12.2013)

The employee is obliged to start performing labor duties from the day specified in the employment contract.

If the employment contract does not specify the day of commencement of work, the employee must start work on the next working day after the entry into force of the contract. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

If the employee did not start work on the day of commencement of work, established in accordance with the second or third part of this article, the employer has the right to cancel the employment contract. The canceled employment contract is considered not concluded. Cancellation of an employment contract does not deprive the employee of the right to receive compulsory social insurance in the event of an insured event in the period from the date of conclusion of the employment contract until the day of its cancellation. (Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 62. Issuance of copies of documents related to work

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Upon a written application of the employee, the employer is obliged, no later than three working days from the date of submission of this application, to issue to the employee copies of documents related to work (copies of the order for employment, orders for transfers to another job, order for dismissal from work; extracts from the work book; certificates on wages, on accrued and actually paid insurance premiums for compulsory pension insurance, on the period of work with this employer, etc.). Copies of documents related to work must be duly certified and provided to the employee free of charge. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Parts two and three are no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Chapter 11. CONCLUSION OF AN EMPLOYMENT CONTRACT

Article 63. Age from which the conclusion of an employment contract is allowed

The conclusion of an employment contract is allowed with persons who have reached the age of sixteen, with the exception of cases provided for by the legislation on the legal status of foreign citizens in the Russian Federation. (As amended by Federal Law No. 204-FZ of July 23, 2013)

Persons who received general education or who are receiving general education and have reached the age of fifteen, may enter into an employment contract for the performance of light labor not harmful to their health. (Part two as amended by Federal Law No. 185-FZ of July 2, 2013)

With the consent of one of the parents (trustee) and the body of guardianship and guardianship, an employment contract may be concluded with a person who is receiving general education and has reached the age of fourteen years, to perform light work in his free time from education, not causing harm to his health and without prejudice to development of the educational program. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 185-FZ of 02.07.2013)

In cinematography organizations, theaters, theater and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and guardianship authority, to conclude an employment contract with persons under the age of fourteen years to participate in the creation and (or) performance (exhibition ) works without prejudice to health and moral development. The employment contract on behalf of the employee in this case is signed by his parent (guardian). The permission of the body of guardianship and guardianship shall indicate the maximum allowable duration of daily work and other conditions under which work can be performed. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 64. Guarantees when concluding an employment contract

An unreasonable refusal to conclude an employment contract is prohibited.

Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, family, social and official status, age, place of residence ( including the presence or absence of registration at the place of residence or stay), attitude to religion, beliefs, membership or non-membership in public associations or any social groups, as well as other circumstances not related to the business qualities of employees, is not allowed, except cases in which the right or obligation to establish such restrictions or benefits is provided for by federal laws. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 162-FZ of 02.07.2013)

It is forbidden to refuse to conclude an employment contract for women for reasons related to pregnancy or the presence of children.

It is forbidden to refuse to conclude an employment contract for employees invited in writing to work by transfer from another employer within one month from the date of dismissal from their previous place of work.

At the request of the person who was refused to conclude an employment contract, the employer is obliged to inform the reason for the refusal in writing.

Refusal to conclude an employment contract may be appealed in court. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article Article 64-1. Conditions for concluding an employment contract with former state and municipal employees

(Article introduced by Federal Law No. 280-FZ of December 25, 2008)

(as amended by Federal Law No. 329-FZ of November 21, 2011)

Citizens who have held public office or municipal service, the list of which is established by the regulatory legal acts of the Russian Federation, within two years after dismissal from the state or municipal service, have the right to fill positions in organizations, if certain functions of state management of these organizations were included in the official (service) duties of a state or municipal employee, only with the consent the relevant commission for compliance with the requirements for the official conduct of state or municipal employees and the settlement of conflicts of interest, which is given in the manner established by the regulatory legal acts of the Russian Federation.

Citizens who have held positions in the state or municipal service, the list of which is established by the regulatory legal acts of the Russian Federation, within two years after their dismissal from the state or municipal service, are obliged, when concluding employment contracts, to inform the employer of information about the last place of service.

The employer, when concluding an employment contract with citizens who have filled positions in the state or municipal service, the list of which is established by the regulatory legal acts of the Russian Federation, within two years after their dismissal from the state or municipal service, is obliged to report the conclusion of such an agreement to the representative of the employer (employer) within ten days state or municipal employee at the last place of his service in the manner established by the regulatory legal acts of the Russian Federation.

Article 65. Documents presented at the conclusion of an employment contract

When concluding an employment contract, a person entering a job presents to the employer:

passport or other identity document;

work book, with the exception of cases when the employment contract is concluded for the first time or the employee goes to work on a part-time basis;

insurance certificate of state pension insurance;

the documents military registration- for persons liable for military service and persons subject to conscription for military service;

a document on education and (or) qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training; (As amended by Federal Law No. 185-FZ of July 2, 2013)

a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds, issued in the manner and in the form established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of internal affairs - when applying for a job related to activities, to the implementation of which, in accordance with this Code, other federal law, persons who have or had a criminal record, are or have been subjected to criminal prosecution are not allowed. (paragraph introduced by Federal Law No. 387-FZ of December 23, 2010)

In some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.

It is prohibited to demand from a person applying for a job documents other than those provided for by this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are drawn up by the employer.

If a person applying for a job does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book. (Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 66

The work book of the established form is the main document on the work activity and work experience of the employee.

The form, procedure for maintaining and storing work books, as well as the procedure for preparing blank work books and providing employers with them, are established by the federal executive body authorized by the Government of the Russian Federation. (as amended by Federal Law No. 160-FZ of July 23, 2008)

The employer (with the exception of employers who are natural persons who are not individual entrepreneurs) keeps work books for each employee who has worked for him for more than five days, in the case when the work for this employer is the main one for the employee. (Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

The work book contains information about the employee, the work performed by him, transfers to another permanent job and the dismissal of the employee, as well as the grounds for terminating the employment contract and information about awards for success in work. Information about penalties in the work book is not entered, except in cases where dismissal is a disciplinary sanction.

At the request of the employee, information about part-time work is entered in the work book at the place of main work on the basis of a document confirming part-time work.

Part six is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Article 67. Form of an employment contract

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 is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

An employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his authorized representative. When the 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 was actually admitted to work, and if the relationship associated with the use of personal labor arose on the basis of a civil law contract, but subsequently was recognized as labor relations - no later than three working days from the date of recognition of these relations as labor relations, unless otherwise established by the court. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 421-FZ of 28.12.2013)

When concluding employment contracts with certain categories of employees, 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 conditions with relevant persons or bodies that are not employers under these contracts, or draw up employment contracts in more copies. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 67.1. The consequences of the actual admission to work by an unauthorized person

(introduced by Federal Law No. 421-FZ of December 28, 2013)

If an individual was actually admitted to work by an employee not authorized by the employer, and the employer or his authorized representative refuses to recognize the relationship that has arisen between the person actually admitted to work and this employer, labor relations (to conclude with a person actually admitted to work to work, employment contract), the employer, in whose interests the work was performed, is obliged to pay such an individual for the time actually worked by him (work performed).

An employee who has actually been admitted to work without being authorized by the employer is held liable, including material liability, in the manner prescribed by this Code and other federal laws.

Article 68

Employment is formalized by the order (instruction) of the employer, issued on the basis of the concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.

The order (instruction) of the employer on employment is announced to the employee against signature within three days from the date of the actual start of work. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction). (As amended by Federal Law No. 90-FZ dated June 30, 2006)

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations, other local regulations directly related to labor activity employee, collective agreement. (Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 69

Article 70

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When concluding an employment contract, it may, by agreement of the parties, provide for a condition on testing the employee in order to verify his compliance with the assigned work.

The absence of a test clause in the employment contract means that the employee is hired without a test. In the case when an employee is actually allowed to work without drawing up an employment contract (part two of Article 67 of this Code), a test condition can be included in the employment contract only if the parties have drawn it up in the form of a separate agreement before starting work.

During the probation period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations.

A test for employment is not established for:

persons elected on the basis of a competition for the corresponding position held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms;

pregnant women and women with children under the age of one and a half years;

persons under the age of eighteen;

persons who have received secondary vocational education or higher education according to state-accredited educational programs and for the first time entering work in the acquired specialty within one year from the date of receiving professional education of the appropriate level; (As amended by Federal Law No. 185-FZ of July 2, 2013)

persons elected to elective office for paid work;

persons invited to work in the order of transfer from another employer as agreed between employers;

persons concluding an employment contract for a period of up to two months;

other persons in cases stipulated by this Code, other federal laws, a collective agreement.

The probation period may not exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

When concluding an employment contract for a period of two to six months, the probation may not exceed two weeks.

The period of temporary disability of the employee and other periods when he was actually absent from work are not included in the probationary period.

Article 71

In case of an unsatisfactory test result, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, notifying him in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as not having passed the test. The employee has the right to appeal against the decision of the employer in court. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

If the result of the test is unsatisfactory, the termination of the employment contract is carried out without taking into account the opinion of the relevant trade union body and without paying severance pay.

If the probation period has expired, and the employee continues to work, then he is considered to have passed the probation and the subsequent termination of the employment contract is allowed only on a general basis.

If during the trial period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request, notifying the employer in writing three days in advance.

Chapter 12. AMENDMENT OF AN EMPLOYMENT CONTRACT

Article 72

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Article 72.1. Transfer to another job. moving

(Introduced by Federal Law No. 90-FZ of June 30, 2006)

Transfer to another job - a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was indicated in the employment contract), while continuing to work for the same employer, as well as transfer to work in another locality along with the employer. Transfer to another job is allowed only with the written consent of the employee, except for the cases provided for by parts two and three of Article 72.2 of this Code.

At the written request of the employee or with his written consent, the employee may be transferred to a permanent job with another employer. In this case, the employment contract at the previous place of work is terminated (paragraph 5 of the first part of Article 77 of this Code).

Does not require the consent of the employee to move him from the same employer to another workplace, to another structural unit located in the same area, entrusting him to work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties.

It is forbidden to transfer and move an employee to work that is contraindicated for him for health reasons.

Article 72.2. Temporary transfer to another job

(Introduced by Federal Law No. 90-FZ of June 30, 2006)

By agreement of the parties, concluded in writing, the employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case when such a transfer is carried out to replace a temporarily absent employee, who, in accordance with the law, retains his job , - until the employee goes to work. If at the end of the transfer period the previous job is not provided to the employee, but he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent.

In the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic, and in any exceptional cases that endanger the life or normal living conditions of the entire population or part of it, the employee may be transferred without his consent for a period of up to one month to work not stipulated by an employment contract with the same employer in order to prevent these cases or eliminate their consequences.

The transfer of an employee without his consent for a period of up to one month to work not stipulated by an employment contract with the same employer is also allowed in cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent the destruction or damage to property, or replacement temporarily absent employee, if downtime or the need to prevent the destruction or damage of property or to replace a temporarily absent employee is caused by the emergency circumstances specified in part two of this article. At the same time, transfer to work requiring lower qualifications is allowed only with the written consent of the employee.

When transfers are made in the cases provided for in parts two and three of this article, the employee's remuneration is made according to the work performed, but not lower than the average earnings for the previous job.

Article 73. Transfer of an employee to another job in accordance with a medical report

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

An employee who needs to be transferred to another job in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated to the employee for health reasons.

If an employee who is in need of a medical certificate during temporary transfer to another job for a period of up to four months, refuses to transfer or the employer does not have a corresponding job, then the employer is obliged to remove the employee from work for the entire period specified in the medical report, while maintaining the place of work (position). During the period of absence from work wage the employee is not accrued, with the exception of cases provided for by this Code, other federal laws, a collective agreement, agreements, an employment contract.

If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses to transfer or if the employer does not have the appropriate job, the employment contract is terminated in accordance with clause 8 of part one of Article 77 of this Code .

An employment contract with the heads of organizations (branches, representative offices or other separate structural subdivisions), their deputies and chief accountants who, in accordance with a medical report, need temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the appropriate job, is terminated in in accordance with paragraph 8 of the first part of Article 77 of this Code. The employer has the right, with the written consent of these employees, not to terminate the employment contract with them, but to suspend them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to the specified employees, except for the cases provided for by this Code, other federal laws, a collective agreement, agreements, and an employment contract.

Article 74

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

In the event that, for reasons related to changes in organizational or technological working conditions (changes in engineering and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they can be changed at the initiative of the employer, with the exception of changes in the work function of the employee.

The employer is obliged to notify the employee in writing of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, at least two months in advance, unless otherwise provided by this Code.

If the employee does not agree to work under the new conditions, the employer is obliged in writing to offer him another job available to the employer (as vacant position or work corresponding to the qualifications of the employee, as well as a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of this Code.

In the event that the reasons specified in part one of this article may lead to the mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code, to adopt local regulations , introduce a part-time (shift) and (or) part-time working week for up to six months.

If the employee refuses to continue working part-time (shift) and (or) part-time working week, then the employment contract is terminated in accordance with paragraph 2 of the first part of Article 81 of this Code. At the same time, the employee is provided with appropriate guarantees and compensation.

Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

Changes in the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement, agreements.

Article 75

(as amended by Federal Law No. 55-FZ of April 2, 2014)

When the owner of the organization's property changes, the new owner, no later than three months from the date of the emergence of his ownership right, has the right to terminate the employment contract with the head of the organization, his deputies and the chief accountant.

The change of the owner of the property of the organization is not a basis for terminating employment contracts with other employees of the organization.

If the employee refuses to continue working due to a change in the owner of the organization's property, the employment contract is terminated in accordance with paragraph 6 of Article 77 of this Code.

When changing the owner of the property of an organization, a reduction in the number or staff of employees is allowed only after state registration of the transfer of ownership.

A change in the jurisdiction (subordination) of an organization or its reorganization (merger, accession, division, spin-off, transformation) or a change in the type of a state or municipal institution cannot be grounds for terminating employment contracts with employees of an organization or institution. (as amended by Federal Laws No. 90-FZ dated June 30, 2006, No. 55-FZ dated April 2, 2014)

If the employee refuses to continue working in the cases provided for by part five of this article, the employment contract is terminated in accordance with paragraph 6 of article 77 of this Code.

Article 76. Suspension from work

The employer is obliged to suspend from work (not allow to work) the employee:

appeared at work in a state of alcoholic, narcotic or other toxic intoxication;

Persons under the age of eighteen, as well as other persons in the cases provided for by this Code and other federal laws, are subject to mandatory preliminary medical examination when concluding an employment contract. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 317-FZ of 25.11.2013)

not passed in the prescribed manner mandatory medical checkup(examination), as well as a mandatory psychiatric examination in cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation; (as amended by Federal Law No. 353-FZ of November 30, 2011)

if, in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, contraindications are revealed for the employee to perform work stipulated by an employment contract;

in the event of suspension for a period of up to two months of an employee’s special right (license, right to drive a vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of fulfilling the employee of obligations under the employment contract and if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health . At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract;

at the request of bodies or officials authorized by federal laws and other regulatory legal acts of the Russian Federation;

in other cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation. (as amended by Federal Law No. 353-FZ of November 30, 2011) (part one as amended by Federal Law No. 90-FZ of June 30, 2006)

The employer suspends from work (does not allow to work) the employee for the entire period of time until the circumstances that were the basis for suspension from work or non-admission to work are eliminated, unless otherwise provided by this Code, other federal laws. (as amended by Federal Law No. 353-FZ of November 30, 2011)

During the period of suspension from work (non-admission to work), wages are not accrued to the employee, with the exception of cases provided for by this Code or other federal laws. In cases of suspension from work of an employee who has not passed training and testing of knowledge and skills in the field of labor protection or a mandatory medical examination through no fault of his own, he is paid for the entire period of suspension from work as for downtime. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 353-FZ of 30.11.2011, No. 317-FZ of 25.11.2013)

Chapter 13. TERMINATION OF AN EMPLOYMENT CONTRACT

Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are:

The employment contract specifies:

last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;

information about the documents proving the identity of the employee and the employer - an individual;

taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);

information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;

place and date of conclusion of the employment contract.

The following conditions are mandatory for inclusion in an employment contract:

terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);

conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

working conditions in the workplace;

a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;

other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

If, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.

on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;

about the test;

on non-disclosure of legally protected secrets (state, official, commercial and other);

on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;

on the types and conditions of additional employee insurance;

on improving the social and living conditions of the employee and members of his family;

on additional non-state pension provision for an employee.

The provisions of Article 57 of the Labor Code of the Russian Federation are used in the following articles:

Features of concluding and changing the terms of an employment contract on remote work
In an employment contract on remote work, in addition to additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations (part four of Article 57 of the Labor Code of the Russian Federation), it may be provided additional obligation clause remote worker use, in the performance of his duties under an employment contract on remote work, equipment, software and hardware, information security tools and other means provided or recommended by the employer.
Features of concluding an employment contract with an employee who is foreign citizen or a stateless person
Along with the information provided for in part one of Article 57 of the Labor Code of the Russian Federation, an employment contract with an employee who is a foreign citizen or stateless person shall contain information about:
Documents presented by a foreign citizen or stateless person when applying for a job
A work permit may be presented by a foreign citizen or stateless person to an employer after they conclude an employment contract, if the employment contract concluded and executed in accordance with the Labor Code of the Russian Federation is necessary for obtaining a work permit. In this case, the employment contract enters into force no earlier than the day the foreign citizen or stateless person receives a work permit, and information about the work permit is entered into the employment contract in the manner prescribed by part three of Article 57 of the Labor Code of the Russian Federation.
Features of concluding employment contracts with athletes, with coaches
In addition to the conditions established by part two of Article 57 of the Labor Code of the Russian Federation, the following conditions are mandatory for inclusion in an employment contract with an athlete:

Article 57. Content of an employment contract

The employment contract specifies:

last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;

information about the documents proving the identity of the employee and the employer - an individual;

taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);

information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;

place and date of conclusion of the employment contract.

The following conditions are mandatory for inclusion in an employment contract:

terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);

conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

working conditions in the workplace;

a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;

other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

If, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.

on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;

about the test;

on non-disclosure of legally protected secrets (state, official, commercial and other);

on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;

on the types and conditions of additional employee insurance;

on improving the social and living conditions of the employee and members of his family;

on additional non-state pension provision for an employee.