Labor contract 2020 sample free download with an employee, IP form
10.02.2020
The concept of "Employment contract" and "Parties to an employment contract" is defined in Article 56 of the Labor Code of the Labor Code of Russia (Labor Code of the Russian Federation). Labor contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for labor law and other normative legal acts containing norms labor law, the collective agreement, agreements, local regulations and this agreement, pay wages to the employee in a timely manner and in full, and the employee undertakes to personally perform the labor function defined by this agreement in the interests, under the management and control of the employer, to comply with the internal labor regulations in force at this employer.The parties to an employment contract are the employer and the employee.
Download: employment contract form, sample, form
Labor Code does not define a specific form or model of an employment contract. Legislatively, only a form for micro-enterprises is defined (since 01/01/2017).
Download form (sample):
Other options for downloading an employment contract (all in word, doc):
Forms are exemplary.You can choose the most suitable form. Forms can be adjusted depending on the specific situation and needs. IP contracts presented ( individual entrepreneur), organizations (LLC, JSC, etc.) with an employee. Formsemployment contract with the director, accountant, seller, driver, see this .
Model form of employment contract for micro-enterprises
Standard form of employment contract for micro-enterprisesapproved by Government Decree Russian Federation dated August 27, 2016 No. 858 "On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises",as amended by Decree of the Government of the Russian Federation of November 15, 2019 No. 1458 "On Amendments to Certain Acts of the Government of the Russian Federation".
The beginning of the document: 01/01/2017.
Start of action latest edition: 20.11.2019.
On changes in the form of TD in accordance with the resolutiondated November 15, 2019 No. 1458 (excerpt): In paragraphs 9.1.6 and 38 of the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises, approved by Decree of the Government of the Russian Federation of August 27, 2016 N 858 "On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2016, N 36, Art. 5414), the words "insurance certificate of compulsory pension insurance" shall be replaced by the words "insurance number of an individual personal account in the system of individual (personalized) accounting".
New on the topic
New from 02/10/2020: If an employee wants to have a paper employment history and an electronic work book, then he does not need to submit two applications. This conclusion was made by the experts of the company "1C". Source: www.buh.ru
clarified whether the employer is obliged to draw up or translate an employment contract into the native language of a foreign worker.
New from 12/27/2019: Rostrud experts explained whether an organization can conclude a preliminary labor contract that would oblige the parties to conclude a main labor contract in the future (Excerpt: the labor law does not provide for the conclusion of a preliminary labor contract. Labor Relations should be formalized only by an employment contract).
New from 04/04/2019: The Ministry of Labor of the Russian Federation, in a letter dated 03/07/2019 No. 14-2 / V-139, informs that the employer can dismiss the employee after the expiration of the employment contract, even during the period the employee is on vacation or during a period of temporary disability.
New from 12/28/2018: The Ministry of Labor in a letter dated November 12, 2018 No. 14-1 / OOG-8602 informs that the payment wages ahead of schedule does not violate the rights of workers.
New from 12/14/2018: E Rostrud experts report thatonly a court can recognize a fixed-term employment contract as indefinitea fixed-term employment contract is concluded only on the grounds listed in Article 59 of the Labor Code of the Russian Federation.An employment contract concluded for a fixed period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period (part 5 of article 58 of the Labor Code of the Russian Federation).
New from 12/14/2018: Omsk regionalthe court in the appeal ruling dated June 27, 2018 in case No. 33-4045 / 2018 allowed employers not to index the wages of employees (with regular payment of bonuses, etc.).
New from 12/06/2018: Rostrud experts explain that reduce wages temporarily probationary period not possible, according to the requirementspart 3 of article 70 of the Labor Code of the Russian Federation.
New from 10/30/2018: Rostrud experts in the report of Rostrud with guidance on compliance denia mandatory requirements The legal acts for the III quarter of 2018 explain and inform:
When it is possible to extend the term of the employment contract with the help of an additional agreement;
When the employment contract includes the conditions for granting leave;
The position in the employment contract does not always have to correspond to qualification directories.
New from 07/31/2018: The Government of Russia in Decree No. 873 dated 07/26/2018 amended the standard form of an employment contract with the head of a state (municipal) institution.
New from 3/30/2018: MIntruder of the Russian Federation, in a letter dated March 21, 2018 No. 14-2 / V-191, clarifies whether the numbering of employment contracts is mandatory in commercial organization, and what numbering system can be used.
New from 03/19/2018: The Ministry of Labor of the Russian Federation, in a letter dated 03/05/2018 No. 14-2 / V-148, clarified how the personnel registration of employees involved in work for which various restrictions are defined by laws is carried out.
New from 01/18/2018:The Ministry of Labor proposed to supplement the standard form of an employment contract with the head of a state (municipal) institution with new responsibilities. Draft resolution: regulation.gov.ru
New from 10/31/2017: The Ministry of Labor of Russia, in a letter dated 10/18/2017 No. 14-2 / V-935, clarifies the procedure for recovering from the employee the amounts spent on his training in the event of early termination of the employment contract.Excerpt: "In case of dismissal without good reason before the expiration of the period specified in the employment contract or in the training agreement at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training."
New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated 10/19/2017 N 14-2 / V-942, explained whether, when concluding an employment contract with an employee, it is possible to sign a separate agreement, according to which, within a year after dismissal, the employee undertakes not to be employed in competing companies (the Employer does not has the right to restrict the employment of former employees).
New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated 10/18/2017 N 14-2 / V-935, clarifies how the termination of an employment contract concluded with temporary worker for the time the main employee is on sick leave (when the term for terminating the employment contract is determined by the date on the sick leave).
New from 08/02/2017:
According to Rostrudfor the absence of mandatory conditions in the employment contract (article 57 of the Labor Code of the Russian Federation "Content of the employment contract") the employer faces a fine. For more details, see the message of Rostrud.
New from 07/13/2017:
The Ministry of Labor of Russia, in a letter dated June 30, 2017 No. 14-1 / V-591, explained which clauses a microenterprise can exclude from a standard employment contract. More on this one.
Commentary on the standard form of an employment contract for micro-enterprises(Source: government.ru)
Decree No. 858 of August 27, 2016 approved a standard form of an employment contract, which includes various options for filling out certain provisions and conditions. A standard form of an employment contract at micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a particular employee.
Prepared by the Ministry of Labor in pursuance of the list of instructions of the President of Russia following the meeting of the State Council on the development of small and medium-sized businesses, held on April 7, 2015 (No. Pr-815GS dated April 25, 2015, paragraph 4, subparagraph "b") and in order to implement the Federal Law of July 3, 2016 No. 348-FZ "On Amendments to the Labor Code of the Russian Federation in Part of the Specifics of Labor Regulation for Persons Working for Employers - Small Business Entities Classified as Micro-Enterprises" (hereinafter - Federal Law No. 348-FZ).
In accordance with Federal Law No. 348-FZ, an employer - a small business entity, which is classified as a micro-enterprise, has the right not to adopt local regulations containing labor law norms (internal labor regulations, regulations on wages, shift schedules, and others). At the same time, the terms and conditions, which, in accordance with the Labor Code, are regulated by local regulations, must be included in the employment contract, which is concluded on the basis of a standard form approved by the Government of Russia.
The signed resolution approved a standard form of an employment contract, which includes various options for filling out individual provisions and conditions. This will ensure flexibility in the regulation of labor relations, taking into account the specifics of the activities of a particular employer.
The standard form of the contract includes special conditions that apply to remote and home workers, which are not used in other cases.
A standard form of an employment contract at micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a particular employee.
The implementation of the resolution will reduce the volume of document flow and increase the level of protection of the labor rights of employees working for employers - small businesses that are classified as micro-enterprises.
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 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 established by the Government of the Russian Federation, or the relevant provisions of professional standards;
the date of commencement of work, and in the case 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) of an employee, additional payments, allowances and incentive payments);
working time and rest time (if for this employee it is different from general rules operating 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;
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.
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 . 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.
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. For more details, see Article 58 of the Labor Code of the Russian Federation
concept Fixed-term employment contract introduced in Article 59 of the Labor Code of the Russian Federation.
According to article 60 of the Labor Code of the Russian Federation Prohibition to demand the performance of work not stipulated by the employment contract, except as provided for by this Code and other federal laws.
Article 60.1. The Labor Code of the Russian Federation defines the concept 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. The Labor Code of the Russian Federation refers to: 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
Article 61 of the Labor Code of the Russian Federation defines:Entry into force of the 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.
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.
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 the employment contract does not deprive the employee of the right to receive security under mandatory social insurance upon the onset insured event in the period from the date of conclusion of the employment contract until the date of its cancellation.
The simplest employment contract sample 2018 free download form
LABOR CONTRACT
(UNIVERSAL)
____________ "___" _____________
Administration __________________________________________________________, referred to as
(name of organization, enterprise, etc.)
acting on the basis _____________________________________________________,
(charter, regulations, powers of attorney)
on the one hand, and citizen (ka) of Russia _____________________________________________
(last name, first name, patronymic, data
Referred to (may) hereinafter -
passport or equivalent document)
The employee acting in their own interests and on their own behalf, on the other hand, have concluded this employment contract as follows:
1. The Subject of the Agreement
1. The employee is hired as ________________________________ (specify the position and
In accordance with what and based on
place of work - structural unit)
from the terms of this employment contract, the Employee undertakes to perform labor functions (job duties) specified in the relevant job description signed by the administration, and the Employer undertakes to provide him the necessary conditions for work, pay wages and provide social benefits in accordance with the law and this employment contract.
2. When exercising his rights and performing his duties, the Employee must act in the interests of the Employer. The Employee undertakes to exercise his rights and fulfill his labor duties conscientiously and rationally.
3. This employment contract is concluded for a certain period: the beginning of the contract - "___" ________________ 20__; the ending -
"___" ________________ 20__.
Option:
3. This employment contract is concluded for an indefinite period: the beginning of the contract is "___" ________________ 20__.
4. In order to verify the compliance of the Employee's qualifications and his attitude to the work assigned to him, a probationary period of _______________ months is established from the moment the Employee begins to perform his labor duties (from the beginning of this employment contract).
2. Rights and Obligations of the parties
5. The employee has the right:
5.1. To a properly equipped workplace, to provide materials and supplies, necessary for the Employee to carry out their job duties.
5.2. For timely remuneration in the amounts provided for in this employment contract.
5.3. For annual paid leave in accordance with vacation schedules and weekly rest.
5.4. For social benefits in accordance with the legislation of the Russian Federation, the collective agreement and this employment contract.
5.5. _________________________________________________________
(other rights - by agreement of the parties)
6. The employee undertakes:
6.1. Conscientiously perform duties in accordance with the job description attached to this employment contract.
6.2. Obey the rules of the internal labor regulations of the Employer.
6.3. Observe labor discipline.
6.4. When performing work duties, comply with the rules and regulations on labor protection, safety and fire safety.
6.5. Treat the property of the Employer with care.
6.6. Keep information constituting an official and commercial secret of the Employer. The list of information containing the trade secret of the Employer is specified in the appendix to this employment contract.
6.7. _________________________________________________________
(other duties - by agreement of the parties)
_______________________________________________________________.
7. The employer has the right:
7.1. Require from an employee conscientious performance obligations under this contract.
7.2. Provide employee incentives for conscientious and efficient work.
7.3. Engage the employee to disciplinary responsibility for committing offenses that deserve punishment, in the manner prescribed by the labor legislation of the Russian Federation.
7.4. _________________________________________________________
(at the discretion of the parties - other rights of the Employer,
_______________________________________________________________.
specified by the parties in the employment contract).
8. The employer undertakes:
8.1. Accurately comply with the terms of this employment contract, pay the Employee's labor in a timely manner, resolve issues of the Employee's social security, etc.
8.2. Provide the Employee with the normal appropriate conditions necessary for the performance of their duties, provide the Employee with the means, materials and equipment that are necessary for the performance of the terms of this employment contract.
8.3. Provide conditions for safe and effective labor Employee, equip his workplace in accordance with the rules of labor protection and safety.
8.4. Indicate to the Employee reliable characteristics of working conditions and ensure that he is provided with compensation and benefits for severe, harmful or dangerous conditions labor.
8.5. Timely pay the wages stipulated by this employment contract and other payments due to the Employee.
8.6. _________________________________________________________
(at the discretion of the parties - other obligations determined
_______________________________________________________________.
parties to an employment contract)
3. Pay.
Social and domestic issues
9. For the fulfillment of the obligations stipulated by the terms of this employment contract, the Employee is paid:
9.1. Salary for the position in the amount of _________________________________
(in numbers and words)
Rub. per month (forms of remuneration can be any - see other forms of employment contracts).
9.2. Personal allowance in the amount of ________________________________
(in numbers and words)
Rub. per month; bonus in the amount of ___________% of the salary for the position based on the results of work for the month (quarter).
9.3. Remuneration based on the results of work for the year in the amount (amount) - as determined by the organization of the Employer.
9.4. Financial assistance for annual leave in the amount of ___________.
9.5. Other remuneration provided for by the provisions in force in the organization of the Employer.
With an increase in remuneration for the whole organization of the Employer, including changes due to inflation, the remuneration of the Employee is changed by the general increase coefficient.
10. Annual paid leave for the Employee is set for __________ working days.
11. By the decision of the Employer, the Employee may be paid the costs of treatment and rest during his annual leave(sanatorium, boarding house, etc.) or out of connection with it.
12. In the event of the death of the Employee during the period of validity of this employment contract, his family is paid a one-time allowance in the amount of ___________ official salaries.
13. In the event of early termination of this employment contract (termination of the contract) due to objective circumstances by the executive bodies of the Employer's organization (if this is within the competence of the relevant body of the Employer's organization in accordance with the provisions of the Charter of the latter), the Employee may be paid severance pay.
The terms of payment and the size of the severance pay are determined depending on the duration of the work of the Employee in the organization of the Employer, his labor contribution, the reasons and initiative for the early termination of the employment contract (termination of the contract).
14. Upon termination of work due to the retirement of the Employee, he is paid a lump-sum allowance in the amount of ___________ official salaries, as well as a monthly supplement to the state pension, taking into account the duration of his work in the Employer's organization and labor contribution.
4. Amendment and addition of the terms of the employment contract
15. During the term of this agreement, the parties have the right to make changes and additions to its text in connection with the following circumstances:
15.1. At the reasonable request of one of the parties.
15.2. In the event of a significant change in the production orientation of the organization.
15.3. Changes to the charter of the organization affecting the rights and interests of the Employee.
15.4. Changes in the current legislation that significantly affect the property, labor and moral rights and interests of the parties to the contract.
15.5. In other cases recognized by the parties as necessary to consider the issues of changing and supplementing the terms of this employment contract.
At the same time, these changes and additions will have legal force only in cases of their written execution and signing by the parties as an integral part of this employment contract.
16. At the end of the term of the employment contract (for fixed-term employment contracts), such may be concluded (extended) for a new period determined by the parties. At the same time, the final execution of a new contract (extension of the previous one) must take place no later than 30 days before the expiration of this employment contract.
The terms of a new (extended) employment contract are agreed upon by the parties when discussing the issue of concluding a new (extension of the previous) employment contract.
5. Other terms of the employment contract
17. The employee bears property liability for damage caused by his actions in the presence of guilt in that, as well as on the conditions and in the manner prescribed by the labor legislation of the Russian Federation.
18. Disputes and disagreements that may arise in the performance of the terms of this employment contract, the parties will seek to resolve it in a friendly way by mutual agreement. If a mutually acceptable solution is not reached - in the manner prescribed by the labor legislation of the Russian Federation.
19. Early termination validity of this agreement (termination of the agreement) may take place:
19.1. In case of violation by the Employer of its obligations under this agreement.
19.2. In the event of circumstances that have such a significant impact on the rights and interests of the Employee that they make it unacceptable to continue to perform their official duties (changes in the provisions of labor, civil, tax and other legislation; amendments and additions to the Charter of the Employer's organization that infringe on the rights and interests of the Employee) .
19.3. Upon the occurrence of circumstances that actually impede the physical fulfillment by the Employee of obligations under the contract (prolonged severe illness, disability, etc.).
19.4. In the event of a gross violation by the Employee of his official duties, which entailed serious consequences for the Employer, significant violations of the legally protected property and moral rights and interests of the Employer.
19.5. In the event that the Employee discloses information constituting a trade secret of the Employer, if this circumstance entailed certain negative consequences, especially if this took place knowingly against the interests of the Employer.
19.6. On the grounds provided for by the labor legislation of the Russian Federation.
19.7. On other grounds determined by the parties to the agreement as valid and not inconsistent with the provisions of the labor legislation of the Russian Federation.
20. For all issues that have not found their solution in the terms (provisions) of this employment contract, but directly or indirectly arising from the relationship of the Employer and the Employee on 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 labor contracts will be guided by the provisions of the Labor Code of the Russian Federation and other relevant mandatory regulatory acts of the Russian Federation.
21. Data of the parties to the contract:
Employer Employee
(full name)
______________________________
Postal address (with zip code) Last name _______________________
Name ___________________________
Telegraph address Patronymic _______________________
Date of Birth __________________
Fax _________________________ Address (with zip code) _____________
Telephone ______________________ ________________________________
TIN __________________________ Passport series __________________
Settlement account No. _____________ No. ______________________________
at the bank ______________________ Issued by (by) _____________________
in the mountains _______________________ (when)_________________________
correspondent account No. __________________ TIN ____________________________
BIC __________________________
This employment contract was signed in the mountains. __________________________________
20__ in two copies: one for each of the parties, and both copies have equal legal force.
Signatures of the parties to the employment contract:
_________________ (Last name, full name)_______________ (Last name, full name)
EmployerEmployee
Since the beginning of 2017, all micro-enterprises have been able to reduce the turnover of documents in HR records management. This applies to cases when a standard employment contract is used to register the employment of employees, the form of which is established by Resolution No. 858 of 08/27/2016.
What is a Standard Employment Contract?
All formal labor relations are established by concluding an employment contract. This obligation of the employer is provided for by the Labor Code of the Russian Federation. The absence of this document is qualified as a legal violation and entails administrative penalties against the employer.
The basic requirements for the content of an employment contract are determined by Article 57 of the Labor Code. For convenient use of the agreement, all information is grouped into sections, but this is not a prerequisite. A specific concept of an employment contract and its features is given by Article 56 of the specified standard.
A standard labor contract of the Russian Federation is drawn up in writing and sealed with the signatures of both parties to the labor relationship. As mentioned above, such an agreement legalizes an agreement employee with an employer.
When a newly hired employee takes up official duties, the manager must immediately draw up a written contract with him. The document comes into force only upon the start of employment, and not from the time of its signing!
The concluded contract strictly differentiates the rights and obligations of the parties. So, the employer must provide a new employee with a workplace and timely payment of wages. In addition, the employee receives all social benefits provided for by the Labor Code and internal acts of the enterprise (organization).
At education controversial situations judicial and auditing instances pay serious attention to the content of this agreement. If there are no conditions in it, the employer cannot require the employee to comply with them.
The same applies to employees. They should not expect additional benefits from the head that are not provided for by such a document.
A typical employment contract with an employee is prepared by the personnel officers of the enterprise. The parties to the agreement sign two copies of the document: one is stored in the archive of the enterprise, the other is transferred to the employee.
The contract is signed by the head (or a person authorized by him) on the one hand and the subordinate on the other. Allowed electronic form filling out a document or filling it out by a personnel officer manually, which today has become irrelevant.
Model employment contract for which micro-enterprises can be used
Since January of this year, small businesses and individual entrepreneurs have been exempted from adopting internal standards for labor agreements. Now they are allowed to enter all the features of future cooperation directly into the employment contract with the employee, using type specimen 2017.
Microenterprises are small businesses (businesses) that meet certain conditions. This category includes private enterprises, individual entrepreneurs, LLCs, fishing and peasant farms.
The conditions for belonging to small businesses are listed in Article 4 of the Federal Law No. 209 of July 24, 2007 "On the development of small and medium-sized businesses in the Russian Federation." There are several, but the most obvious are:
- the average annual number of staff is less than 15 people;
- annual income - up to 120,000,000 rubles;
- the total share of external participants in joint-stock enterprises is no more than 49%.
To check if a micro-enterprise meets the required criteria, you can refer to " unified registry subjects of small and medium business”.
Small businesses do not have to draw up a standard employment contract with each employee from 2017. Now this is done at the request of the leader. On the other hand, organizations that implement the standard form are exempted from maintaining other internal standards for the regime of work and rest of personnel, internal labor regulations and the wage system.
Before switching to a new form of contract, a waiver of past personnel documents is drawn up in order to avoid inconsistencies between them. This requires the issuance of an appropriate order. In it, micro-enterprises registered before 2017 indicate that previously approved documents are no longer valid.
In addition, not only small businesses can use the standard form of agreement, it is also available to other employers. And yet, only entities belonging to the micro-enterprise group can waive internal legal acts.
- What to do to the head of a beauty salon in case of loss of an employment contract
Standard employment contract with an employee: pros and cons
Main minus standard contract is its mandatory for small businesses, along with excessive universality, which caused inflated content. The current form of this agreement takes about a dozen printed sheets, and serious skills are needed to draw it up.
Due to the abolition of local acts in small businesses, standard labor contracts from 2017 necessarily contain a lot of additional information and a lot of data displaying the following facts:
- employee familiarity with official duties, collective agreement (if any), internal regulations (if any);
- consent of the employee to the processing of personal data;
- obtaining a personal copy of the agreement;
- conducting briefings on OT (introductory, primary) in the form of a signature and date;
- day and grounds for termination of the contract;
- date of receipt of the work book;
- date of receipt of other documents (list).
Despite these difficulties, the standard form of an employment contract for micro-enterprises greatly simplifies the workflow. pros from its use are as follows:
- the employer does not need to remember all the mandatory conditions provided for by the Labor Code of the Russian Federation and included in contracts of this type;
- the document takes into account all the nuances of remote (home-based) work that require coordination (you just need to highlight the appropriate options).
What personnel documents are replaced by a standard form of an employment contract
All micro-enterprises are provided with a number of benefits, including personnel issues. So, since 2017, they have received permission for simplified documentation of personnel. Now, according to Article 309.2 of the Labor Code, micro-enterprises can abolish the local regulatory framework.
Here are a few staff documents that this year partially or completely replace the standard labor contract of the Russian Federation.
Regulations on wages and bonuses
This is a local legal act that establishes the motives, conditions, amounts and procedure for material remuneration, taking into account mandatory official guarantees for workers and the financial potential of the employer. Usually, this document also provides for the conditions of bonuses for personnel.
At the same time, the “Regulation on remuneration and bonuses” can be partially or 100% replaced by the wording offered by a standard employment contract (sample) in section 4 - “Employee's remuneration”. For example, contracts drawn up on the basis of standard ones must contain salaries (salary or piecework wage rates) and clear payment dates.
There are also tables with a list of compensation and incentive payments:
You can also apply a typical statement of the rules for remuneration (banking or cash services), wage indexation, etc.
Internal labor regulations (rules)
According to Article 189 of the Labor Code (part 4), this document regulates the time of work and rest. It can also be replaced by the model definitions in section 5 of the finished form. Here is a quote taken from there: "Regulations on irregular working hours."
Here, employees with an irregular work schedule are most often listed, if such a regime is established for them (Article 101 of the Labor Code). A similar internal document in the current year loses its relevance when a phrase is introduced into the agreement, which is offered by the standard form of an employment contract concluded between an employee and an enterprise (clause 19).
Instructions and rules of labor protection
Such documents are created and approved as required by Article 212 of the Code (part 2, paragraph 23). The standard form of the contract offers the sixth section - "Labor protection". It contains such formulations as: initial briefing, class of working conditions of the workplace, issuance of funds personal protection. Here you can go to the model agreement.
Given that the provisions on labor protection are much more informative, it is likely that not everyone will be able to eliminate them completely.
Job Descriptions
In pursuance of Article 47 of the Federal Law No. 79 dated July 27, 2004. the use of job descriptions is an obligation for all state bodies. Consequently, ordinary employers should not do this, and it is unlawful to fine them for the lack of these documents (Rosgostrud information for No. 3042-6-0 of 08/09/2007).
However, most leaders still argue job descriptions for its staff in order to subsequently have grounds for:
- dismissal of an employee due to inconsistency with the position held;
- equal distribution of the load on employees whose positions are similar;
- lawful imposition of disciplinary responsibility on subordinates;
- performance appraisal of personnel, etc.
By itself, the service instruction is not an internal normative act. In fact, it is often used as an addition to an employment contract or approved as a separate document (clarification of Rostrud No. 4412-6 of 10/31/2007).
At the same time, the standard form of an employment contract since 2017 provides for the definition of the employee's official duties:
- in the text of the employment agreement;
- in his job description.
It turns out that the universal form of the contract gives the employer a choice of what is more convenient to do: draw up personal service instructions for each employee or list all the duties of the staff in the employment agreement.
Shift work
Such a schedule is drawn up on the basis of approved working hours for a certain period of time and for the corresponding category of workers. It reflects data on the duration of work shifts, breaks between them and their frequency. By and large, all this information can be included in labor agreements. Moreover, the wording necessary for this is provided for by the standard form of an employment contract for micro-enterprises.
What local acts cannot replace the new standard labor contract
For all its universality, the discussed form of the contract cannot replace a series of personnel documents. Some of them still need to be developed and approved. Let's look at a few examples.
staffing used to display the structure of the organization, its official composition and the number of employees, as stated in Article 57 of the Labor Code. This is an internal regulatory act of each enterprise.
According to the clarification of the State Labor Service No. PG / 4653-6-1, paragraph 6 of 05/15/2014, staffing is a local regulation. But this document cannot affect the labor relations of employees. Therefore, the employer should not acquaint subordinates with the staff structure of the enterprise (including the procedure for accepting a position).
According to Article 57 of the Labor Code (part 2, paragraph 3), the staffing table belongs to the category binding documents. Therefore, the new standard employment contract cannot replace it, and there is no need to exclude the approval of the state in the current year.
Vacation schedule
This document is approved annually by order. It is prepared a couple of weeks before the end of the last period. So, the vacation schedule for 2018 needs to be developed and approved by 12/17/2017.
Its purpose is to determine the order of use of holidays by the employees of the enterprise. The schedule is published together with the order and is certainly approved by the first head, which is established by article 123 of the Labor Code (part 1). The employer is obliged to sign and execute this document. In addition, the reference to the vacation schedule as an independent document contains a standard employment contract (clause 22). For this reason, refusal to schedule vacations is unacceptable.
Other documents
Exists personnel documentation, which cannot be replaced by universal forms due to the lack of the necessary wording, as in a standard employment contract according to resolution 858 of 08/27/2016. Here are some examples of such documentation, including important provisions:
- about personal data;
- about business trips;
- on the preservation of trade secrets;
- about certification.
How to fill out a standard employment contract in 2017
The new standard employment contract, legalized in 2017, includes a list of various wordings. From which you should choose only what affects the labor activity of a particular employee. Eliminate everything superfluous. The above list of wording provides for all possible situations to help the employer navigate in any circumstances.
Past employment contracts will continue to operate. Small businesses do not need to cancel previously signed agreements from the very beginning of the year. It is enough to make changes and additions to them, not forgetting to coordinate this with subordinates. For again accepted employees after 01/01/2017, a new form of employment contracts should be used.
For the transition of a micro-enterprise to simplified personnel records management, a special order is issued indicating the partial or complete abolition of local standards. It also specifies the date of entry into force of the new order. It is chosen by the employer and can be anyone.
The official sample of a standard employment contract 2017 contains 38 clauses, grouped into 11 sections. Let's discuss how the most key ones are made out.
General provisions
The first section should contain the full name of the enterprise, the full name of the future employee, his position, the duration of the probationary period (if established), the type of labor activity (main or part-time), the date the employee began to perform labor duties. Additionally, you must specify the term of the employment contract, if any.
For remote workers or those whose labor activity associated with trips, information about this must be included in the contract. In the absence of any features of the work, it is indicated that the employee does not have a special nature of work.
If a standard employment contract is drawn up with a remote employee, or home work is provided, data are entered in paragraphs 9.1 or 9.2 of the first section. The type of equipment used by the remote employee is also indicated.
When raw materials and materials are required for the work of a homeworker, the method and timing of delivery of the necessary semi-finished products are mentioned.
This section prescribes the amount, terms and rules for paying compensation for the operation of personal property.
Must be specified working time and the duration of the rest of the remote employee (homeworker).
Rights and obligations of an employee
This section is filled out if special clarifications of the work duties of the subordinate are required.
Rights and obligations of the employer
This lists the tools and equipment that your worker is provided with.
Employee wages
The section is devoted to the issues of remuneration of your staff. This is where the employee's salary is determined. A standard employment contract with an employee in 2017 provides for several types of payments, including:
- official salary (indicating the size);
- compensation (if you reimburse an employee for the operation of his own property for official purposes, enter its type into the contract (computer, telephone, car), then determine the amount of payment and the conditions for receiving it);
- motivating rewards (indicate the type of reward (for example, a bonus), the criteria for receiving it, the size in% and frequency);
- other payments.
Be sure to specify in the employment agreement the exact terms of payment of salaries and its frequency.
Do not forget to mention the way your subordinates receive wages: in cash at the workplace or by transfer to a bank card.
Working hours and rest time of the employee
The fifth section should contain information about the length of the working day, official days off and the duration of annual leave.
Occupational Safety and Health
The sixth section reflects data on the working conditions of your employee, his need for medical examinations providing personal protective equipment.
Social insurance and other guarantees
Here you indicate the payment for training your employee (if necessary) or compensation for the costs of moving him from another area to the place of work.
Other terms of the employment contract
This section is filled out to formalize an employment relationship with a homeworker. It is also used if the employer is a businessman. Determine the reasons for terminating this agreement, in addition to the officially approved provisions of the Labor Code. For example, you have drawn up a standard employment contract with a homeworker who must report to you on the work performed every month on a certain day. If he stops communicating, answering calls and letters within a month from the date of the missed report submission, you can officially terminate your employment relationship with him.
Changing the terms of the employment contract. Responsibility of the parties to the employment contract
These two sections summarize information on the possibility of amending the agreement only by agreement of the parties.
Final provisions
This part contains the positions with which the employee was familiarized, and in front of each of them his signature is affixed. Let's say that the primary briefing on OT was not carried out, which means that this line does not need to be filled out. This chapter contains personal information of both parties to the contract: full name, place of residence, passport data. In case of termination of the contract, an official reason is indicated with a list of documents received by the employee in his hands.
Is it possible to change the standard employment contract
The standard employment contract, according to Decree No. 858, adopted by the Government of the Russian Federation on August 27, 2016, is quite extensive and, as noted earlier, offers different ways to fill in individual items. Does the employer need to completely save the text of the standard form? Or is it possible to use only the wording that is appropriate in a particular case?
The form of a standard employment contract was adopted in order to extract from it everything that an employer needs, taking into account his working situation. For example, if working conditions do not imply remote work for employees, then the relevant provisions are not included in the employment contract.
Is it possible to correct the standard wording? For example, paragraph 17 of the Form states that "Payment of wages to an employee is made _____ once a month (but not less than every half a month) on the following days (indicate specific days of wage payment)". Do you want to rephrase this condition in a different way? If the employer refuses to maintain local normative documentation and switches to the use of standard personnel forms, then a change in the officially established wording is unacceptable.
After all, it is the work on the approved forms of standard documents that gives the right to cancel internal normative documents, which confirms Article 309.2 of the Labor Code. And if everyone begins to change the wording, the meaning of introducing a standard form is lost.
How to switch to a standard micro-enterprise employment contract
We need to reformulate our employment relationship. However, the Labor Code provides for the termination of the contract only by terminating labor obligations and dismissing the employee with full payment for the hours worked. There are no special provisions allowing the procedure for renegotiation of contracts in the law. In such cases, the most correct solution would be to draw up additional agreements on current labor contracts. For clarity, it is better to present the new documents in the style of a standard employment contract for micro-enterprises according to the new standard wording adopted for small businesses.
If an organization is deprived of the status of a micro-enterprise, then it is given four months to restore local regulatory documentation and return to employment contracts, in accordance with Article 309.1 of the Labor Code (paragraph 2).
On what grounds can a standard employment contract be terminated?
Clauses 30-31 of the standard form of the contract can be supplemented with motives for dismissal by agreement of the parties, except for those approved by the Code of the Russian Federation. At the same time, it is necessary to agree on some conditions (guarantees, compensations, term of notice of dismissal) labor agreements remote and home-based workers, as well as subordinate individual entrepreneurs.
It should be emphasized here that the legislator left unchanged all the grounds for dismissal set out in the Labor Code.
Since the Government of the Russian Federation has approved a standard employment contract, and within its powers it is possible for the parties to agree on an unlimited number of additional grounds, dismissal with reference to them will be considered lawful.
In any case, with competent actions, you can use given right and approve different terms of notice of dismissal, amounts of guarantees and compensation payments in connection with a reduction in staff or liquidation of an enterprise than those required by the Labor Code.
Here are examples of real motives for terminating an employment contract with an employee:
- non-use of cash register equipment;
- violation of sanitary standards (if necessary for this type of work);
- obscene language, disrespectful attitude towards customers;
- termination of employment;
- continuous absence for more than 4 months due to temporary disability, unless otherwise stipulated by the legislation of the Russian Federation.
We talked about what a micro-enterprise is and how it differs from a small one in ours.
Ch. 48.1 of the Labor Code of the Russian Federation. About what these features are, we will tell in our material.
Labor relations in microenterprises
If the employer is classified as a micro-enterprise, he may fully or partially refuse to adopt local regulations containing labor law norms. This means that at a micro-enterprise it is possible not to approve, say, the internal labor regulations, the regulation on remuneration, the regulation on bonuses, the shift schedule, the regulation on business trips, and others.
However, the refusal to adopt local regulations does not mean that the issues usually resolved by such acts will remain unresolved. The gaps that arise are filled in by what is not disclosed in the local regulations conditions are included in labor contracts with employees. Such employment contracts with employees of microenterprises are concluded on the basis of a standard form approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (Article 309.2 of the Labor Code of the Russian Federation).
Model employment contract for micro-enterprises
The standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises, was approved by Government Decree No. 858 of August 27, 2016.
If, when filling out a new employment contract for micro-enterprises, it is not required to fill in individual clauses (for example, due to the nature of the work), then such clauses can be excluded from the contract (
How to disable ads on Android: remove pop-up ads
The Russian received a term and a million fine for "piracy Negative consequences of the law
Identification of key factors
The criteria for classifying organizations and individual entrepreneurs as small and medium-sized businesses have changed
See what "Royalty" is in other dictionaries Pitfalls of legislation