Employment contract with an employee. Sample. Employment contract and employment contract: differences Conclusion of a contract with an employee

Labor contract with the employee is a special agreement. AT this document reflects the nature of the relationship between the employee and the enterprise.

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

General information

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

The most common form of employment contract with an employee

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

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

Classification is made in accordance with the nature of the work performed predominantly. They are the content of the work of the employee. So, for example, organizational administrative functions are typical for the position of a manager. Specialists perform analytical and constructive activities. The duties of employees include information and technical tasks.

Design features

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

Basic information

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

Probation

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

At the same time, for a number of categories, for example, chief accountants or their deputies, probation in six months. The legislation also defines some groups of citizens who are hired for special conditions. In particular, pregnant women, minors and some other categories of workers do not go through a probationary period.

Wage

Any sample employment contract with an employee provides for a section that indicates the amount of payment for his activities at the enterprise. The salary, as a rule, is the official salary. It is a monthly deduction, the amount of which depends on the qualification, business qualities and the position to which the employee is assigned. The official salary is used at enterprises to pay employees, specialists, managers.

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

Mode of activity and rest

The work schedule of an employee is determined by the expediency for the enterprise. The mode of activity may have an irregular character. Explanations on this matter are contained in Art. 101 of the Labor Code of the Russian Federation. In accordance with the provisions, workers on an irregular schedule may be periodically involved by the employer in the performance of their official duties outside of normal working hours. The law says that the list of employees carrying out their activities in this mode should be established by a collective agreement, contract or internal regulations at the enterprise. Six- and five-day weeks or a shift schedule are also common.

Compensation and guarantees

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

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

Filling out the agreement

An employment contract with an employee is drawn up in two copies. One of them is kept by the employer, the other is given to the employee. Any oral agreement on the performance of any activity is not legally binding. The form of an employment contract with an employee contains the following appendices:

• Schedule.
• Job instruction.
• List of prices for work.
• Agreement on non-disclosure of confidential information.

Related documents are also being prepared. This, in particular, may be an additional employment contract with an employee. Such an agreement, for example, is necessary in the event of a reduction in the salary of an employee. Registration of the employment contract itself and additions to it is carried out in the appropriate register.

The drawn up agreement comes into force immediately from the moment of registration or, if it is indicated, on the day when the employee must begin to perform duties. If the employee did not appear at the workplace within seven days without a good reason, the employer has the right to terminate the contract unilaterally.

Special category of employees

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

By law, an agreement can be concluded with a person who has reached the age of 16. However, in some cases, an employment contract with underage worker may have been composed at an earlier age. An apprentice may be hired by an enterprise if he has left the educational institution before he has completed his general basic education. Moreover, his age can be 15 years.

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

In theaters, organizations associated with cinema and concerts, in the circus, it is allowed to hire employees under the age of 14. For the implementation of activities, the consent of the parents or guardians and the guardianship authority is required. Work must not be detrimental to the health of minors and hinder their moral development.

Features of activity regulation

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

Termination of the Agreement

Termination of an employment contract with an employee under the age of 18 is carried out in accordance with one of the grounds specified in Art. 77 TK. In addition, the agreement may be terminated due to violations in the recruitment of an employee. For example, an employee under the age of 18 was hired to perform a heavy, dangerous or harmful labor to a liquor store night club And so on.

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

Additional Information

An employment contract with an individual entrepreneur is drawn up similarly to what is drawn up with an organization. The agreement must also be in duplicate and signed by both parties. An employee can start work before an employment contract is concluded. In this case, the agreement must be drawn up within 3 days. An employment contract with an LLC employee, as well as with an individual entrepreneur, may contain annexes.

Required package of documents

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

• Passport or other document that proves your identity.
• Employment history. An exception is cases when an employment contract is drawn up for a part-time employee or an employee begins his professional activity first.
• Insurance certificate.
• For those liable for military service - accounting documents.
• Certificate of education, qualifications, special knowledge (in the case when the activity requires special training).

If a citizen is applying for a job for the first time, then employment history and PFR insurance are issued by the employer. The employee must be familiar with the internal regulations at the enterprise, safety regulations and other regulations local character.

Duration of the agreement

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

• Replacement of an absent employee. In this case, it is made temporary contract. A place is reserved for an absent employee.
• Performance of seasonal activities (up to 2 months).
• Internship or vocational training for an employee.
• Employment with an entrepreneur or small business.
• Compatibility.
• Employment of pensioners by age or persons with disabilities due to health reasons.

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

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

Download a fixed-term employment contract with an employee

Download the form of the collective agreement

Download an employment contract with an employee

An employment contract is an agreement between an employer and an employee on the nature and timing of labor relations. An employment contract legally formalizes the mutual rights and obligations of participants in an employment relationship. A properly drawn up employment contract will protect the interests of the employer without infringing on the rights of the employee, and will help to avoid many undesirable legal consequences. The parties to the employment contract are the employer and the employee.

An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the designated labor function, to ensure working conditions provided for by labor legislation and other regulations, to pay the employee on time and in full wages, and the employee, for his part, undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations applicable to the employer. The main document regulating labor relations is the Labor Code, and the terms of the employment contract should not contradict its articles. At the same time, in controversial situations they will be treated as described in the labor code.

An employment contract should be distinguished from. The employment contract provides the employee with a number of benefits, guarantees and compensations that are not provided for contractual relations.

Sometimes in practice the terms labor contract, labor agreement are used.

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract remains with the employee, the other is kept by the employer. The fact of receipt of a copy of the employment contract by the employee is certified by the signature of the employee on the copy of the employment contract kept by the employer.

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 legal 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.

According to the Labor Code, an employment contract may contain additional conditions that do not worsen the position of an employee in comparison with those established by labor legislation and other regulatory legal acts, a collective agreement, agreements, local regulations, namely:

• Condition on specifying the place of work, indicating structural unit registration and its location;
• Probationary condition;
• Agreement on non-disclosure of official or commercial information;
• A condition 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;
• An agreement on the types and conditions of additional social and medical insurance for the employee;
• Condition on the possibility of improving the social and living conditions of the employee;
• Item clarifying working conditions this employee, as well as the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing norms labor law.

When concluding employment contracts with separate categories employees, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding labor contracts or their conditions with the relevant persons or bodies that are not employers under these contracts, or to draw up labor contracts in more copies.

with an employee in a person acting on the basis of , hereinafter referred to as " Company”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Employee”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. is hired by the enterprise as; to a position to perform work duties;

2. TERM OF THE CONTRACT

2.1. The contract is concluded between the Company and the Employee for a period of years and is valid from "" 2020 to "" 2020; For undefined period; for the duration of the performance of the work stipulated by this Contract (delete the unnecessary).

3. GENERAL CONDITIONS OF THE CONTRACT

3.1. By concluding this contract, the Employee takes into account that the Company is.

3.2. Performing his immediate labor duties in accordance with this Contract, the Employee will proceed from the Charter (Regulations) of the Enterprise.

3.3. The employee reports directly to the manager, as well as to the Director of the Enterprise.

3.4. The employee is a full member of the labor collective of the Enterprise, participates with the right of a decisive vote in the activities of his general meeting(conferences).

3.5. The employee has the right to express his personal opinion on any issue of the Company's activities.

3.6. The employee has the right, if necessary, to get acquainted with the internal labor regulations of the Company, the collective agreement and labor legislation.

3.7. The employee is guaranteed the unhindered exercise of the right to join a trade union. Discrimination of an Employee in terms of time and rest time, remuneration and other essential working conditions due to his participation in a trade union is not allowed.

4. OBLIGATIONS OF THE PARTIES

4.1. The employee undertakes:

• perform the following work in accordance with their profession, specialty, qualification (position): ;
• during the term of the contract to achieve the following results;
• conscientiously, timely, at a high professional level and accurately fulfill their labor duties, comply with the internal labor regulations of the Company, use all working time for productive work, to refrain from actions that prevent other employees from performing their job duties;
• take care of the safety of equipment, raw materials, finished products and other property of the Company, as well as the property of other employees;
• timely and accurately execute the orders of the Director of the Enterprise and the immediate supervisor;
• by order of the Director of the enterprise to go on business trips;
• not to disclose, without the consent of the immediate supervisor, the scientific, technical and other commercial and confidential information obtained during the work;
• immediately notify the administration of the Enterprise about the violation of production technology, failure to comply with labor standards, cases of theft and damage to the property of the Enterprise.

4.2. The enterprise undertakes:

• provide the Employee with work in accordance with the terms of this Contract;
• provide the Employee with the working conditions necessary for the performance of his duties under this Contract, including providing the employee with the necessary technical and material means in good condition;
• equip workplace Worker following technique ;
• provide the Employee with the following special clothing, special footwear and other means personal protection organize the proper care of these funds;
• comply with labor laws and labor protection rules;
• ensure the terms of remuneration, norms of working time and rest time in accordance with this Contract and current legislation;
• to provide the Employee with an increase in qualifications and growth of professional skills through own funds in during the year;
• ensure the safety of personal property, tools, Vehicle employee on the territory of the enterprise;
• provide a car for business trips or pay compensation when using a personal car for official purposes in the following order;
• in the event of the death of the Employee or the onset of his disability in the performance of labor duties, continue to pay until the expiration of the contract to his family or to him the amount in the amount of the average earnings received by the Employee during the time of work under the Contract;
• ensure that the introduction of new machinery and equipment does not worsen working conditions; take the necessary measures to protect the health and safety of the Employee when working with new equipment and in new conditions.

All costs under this sub-item are borne by the Company.

5. PAYMENT

5.1. For conscientious performance of labor duties during the monthly norm of working time, the Employee is guaranteed the payment of an official salary ( tariff rate) in the amount of rubles per month. The official salary (tariff) increases depending on the index of the cost of living determined by the legislation.

5.2. The employee has the right to receive various allowances, additional payments, bonuses, and other remunerations based on the results of his activities in accordance with the remuneration system in force at the Company.

5.3. The employee is set the following remuneration based on the results of work for the month (quarter) according to the following indicators and in the amount of: .

5.4. The employee is paid remuneration based on the results of work for the year in the amount of rubles.

6. WORKING AND REST TIME

6.1. The employee is set a normalized (non-standardized) working day.

6.2. The monthly norm of working time is . Normal hours of work must not exceed 8 (4) hours per day. Breaks for rest and meals are not included in working hours. Overtime overtime is paid at double the rate for each hour.

6.3. The time of the beginning and end of the working day, as well as a break for rest and meals, is determined by the Internal Labor Regulations of the Enterprise and the orders of the managers.

6.4. Normal duration working week, as a rule, should not exceed 41 (20.5) hours per week. Overtime work in excess of the normal working week is paid at double the rate for each hour. Days off are provided to the Employee in accordance with the internal labor regulations of the Company.

6.5. It is allowed, as necessary, to overwork in excess of the normal working hours, but at the same time, the working hours for the accounting period (month) should not exceed the normal number of working hours (hours).

6.6. Night time is considered from 10 pm to 6 am. Night work is paid at half the rate.

7. VACATION

7.1. The employee is entitled to annual basic leave of calendar days. Depending on the results of the work, he may be given additional leave. To annual leave financial assistance in the amount of Rs.

8. SOCIAL INSURANCE AND SOCIAL SECURITY

8.1. The employee during the term of the Contract is subject to social insurance and social security in accordance with applicable labor and social security legislation.

8.2. In case of permanent disability (disability) as a result of an accident at work, the employee is paid in addition to the one-time allowance established by law in the amount of salaries.

8.3. In case of disability due to illness or as a result of an accident not related to production, the Employee is paid a lump-sum allowance in the amount of salaries.

8.4. In the event of the death of the Employee during the period of the contract, his family is paid in addition to the allowance established by law in the amount of salaries.

8.5. In case of temporary disability, the employee is paid the cost of medicines and paid services medical institutions, in the amount of .

9. WELFARE SERVICE

9.1. Social services for the Employee are carried out by the management of the Company in accordance with the decision of the general meeting of the labor collective and at the expense of funds allocated for these purposes.

9.2. The employee is provided with the following services and benefits for social services that are not established by applicable law:

• payment of a one-time allowance for annual leave in the amount of;
• annual provision to the Employee and members of his family of vouchers to a sanatorium or rest home with payment by the employee of % of the cost of the voucher;
• provision of an apartment to the Employee on the terms of .

10. MODIFICATION, EXTENSION AND TERMINATION OF THE CONTRACT

10.1. Changing the terms of the contract, its extension and termination is possible by agreement of the parties at any time.

10.2. Upon expiration of the Contract, it shall be terminated. This rule does not apply to cases where the employment relationship actually continues and neither party has requested its termination. In this case, the Contract is extended for the same period and with the same conditions.

10.3. The contract is subject to early termination at the initiative of the Employee in the event of:

• his illness or disability preventing the performance of work under the Contract;
• violation by the management of the Enterprise of labor legislation or this Contract;
• other good reasons;

10.4. The contract before its expiration may be terminated at the initiative of the Company for the following reasons:

• changes in the organization of production and labor (liquidation of the Enterprise, reduction in the number or staff of employees, changes in working conditions, etc.);
• discovered inconsistency of the Employee with the work performed in the absence of guilty actions on his part;
• guilty actions of the Employee (systematic failure to perform work duties without good reason, absenteeism, appearing at work in a state of intoxication and other violations labor discipline, disclosure of trade secrets, violation of p.p. 12.3 of this Contract, committing theft, etc.).

10.5. Dismissal at the initiative of the Company is carried out on the basis of the relevant conclusion of the head of the structural unit of the Company, in compliance with the requirements labor law.

11. COMPENSATION AT THE TERMINATION OF THE CONTRACT

11.1. Upon termination of the Contract on the grounds provided for in clauses 10.3 and 10.4, the Employee is paid severance pay in the amount of the average monthly salary. Upon termination of the Contract on the grounds provided for in clause 10.4, the Employee also retains the average monthly earnings for the period of job search during the second and third months from the date of dismissal, if he registered with the employment service as a job seeker within 10 calendar days after dismissal .

11.2. Subject to the termination of the contract (for valid reasons), along with the payments provided for by the current legislation and this Contract, the Employee is also paid a one-time allowance in the amount of rubles.

12. SPECIAL CONDITIONS

12.1. The enterprise serves as the main place of work for the Employee; The employee is hired at the Enterprise on a part-time basis (strike out the unnecessary).

12.2. Labor functions that do not follow from this Contract may be carried out by the Employee within the Company only with the consent of the head of the structural unit and the director of the Company.

12.3. The Employee does not have the right to perform work under contracts with other enterprises and organizations related to this Contract, as well as to engage in any other type of activity in other enterprises and organizations if this may cause economic or other damage to the Enterprise. Failure to comply with this paragraph is sufficient grounds for the dismissal of the Employee.

12.4. The Enterprise pays the Employee within days after the conclusion of the Contract a one-time allowance in the amount of rubles. The allowance is not a form of remuneration.

12.5. The enterprise pays the Employee rubles on a monthly basis.

12.6. All materials created with the participation of the Employee and on the instructions of the Company are the property of the Company.

12.7. The Parties undertake not to disclose the terms of this Contact without mutual consent.

12.8. The terms of this Contract may be changed only by agreement of the parties.

12.9. The Parties are responsible for the fulfillment of obligations under this Contract in accordance with applicable law.

12.10. Disputes arising between the parties to the Contract shall be resolved in accordance with the procedure established by the current legislation.

12.11. In all other respects not provided for by this Contract, the parties are guided by the norms of the Labor Code of the Russian Federation and the Charter (Regulations) of the Enterprise.

13. OTHER TERMS

13.1. This Contract is made in two copies: one for each of the parties and is considered valid only if there are signatures of both parties: the Employee and the Enterprise, certified by the seal of the latter.

14. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Company Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

Employee Registration: Postal address: Passport series: Number: Issued by: By: Phone:

15. SIGNATURES OF THE PARTIES

Company _________________

Employee _________________

Employment 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 by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations and this agreement , timely and in full to pay the employee wages, and the employee undertakes to personally perform the labor function determined by this agreement in the interests, under the management and control of the employer, to comply with the internal labor regulations applicable to this employer.The parties to an employment contract are the employer and the employee.

Download: employment contract form, sample, form

The 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 work book 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: labor legislation 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 of 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 wage reduction during the probationary period is not allowed, 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 a commercial organization, and which 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 personnel registration workers involved in work for which various restrictions are defined by laws.

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 / ​​B-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 specifics 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). However, the terms and conditions which, in accordance with 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 applicable 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 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 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 size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);
working time and rest time (if for a given employee it differs from general rules operating for 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;
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 . 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.

The term of the employment contract defined in Article 58 of the Labor Code of the Russian Federation
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 mandatory social insurance in the event of insured event in the period from the date of conclusion of the employment contract until the date of its cancellation.

When entering a job, every citizen is faced with the choice of concluding an agreement or a contract. In which case is it correct to sign an employment contract, and in which case you will be offered a contract with a large number of conditions and clauses.

Before signing an agreement or contract, it is necessary to carefully study it in order to possibly add new conditions or disagree with the proposed items. All labor contracts and contracts are drawn up on the basis of labor legislation and other regulations to regulate industrial relations.

The employer at the interview informs the new employee about the working conditions, internal regulations, form of remuneration, vacation, sick leave.

The basis for concluding an employment contract or contract is an application from a citizen with a request for employment.

Managers are in no hurry to conclude an agreement or contract, they offer to work first without registration for a certain time - a trial period. This is against the law.

First, an agreement or contract is signed, in two copies for each of the parties.

An employment contract or contract comes into force from the moment the employee enters the workplace, fulfills his duties on the orders of this enterprise. Safety briefing, study job description under the painting are necessary to start work.

In the event that the terms of the contract or employment contract are contrary to law, do not sign this document. After signing, the employee has the right to go to court to appeal this agreement.

The statement that an employment contract and a contract is unambiguous is not entirely true.

Contract in Latin means “deal”.

A contract is a form of a relationship agreement between the parties, prescribed by the terms of penalties for their violation. Failure to comply with the terms of the contract is punished financially. Voluntary dismissal is not provided. Material liability for dishonest performance of the contract, one of the forms of coercion to strict compliance with the conditions. controversial issues under the contract are resolved in a judicial proceeding.

Validity of the employment contract and contract

The contract is concluded for a certain period, the conditions for prolonging the contract are possible, but not necessary. The signatures and seals of the parties give the document legal force. The parties agree to all conditions voluntarily. Parties can be enterprises, firms, bodies state power and individuals.

On a contract basis, senior and middle managers, materially responsible employees are invited to work.

Ordinary employees go to work mainly under an employment contract.

Usually the employment contract is open-ended.

This document nominally confirms that this person accepted to a certain position with a salary, according to staffing. The work schedule and working conditions are discussed orally and are determined by the contract. The ability to quit your job of your own free will without paying a fine is the difference between an employment contract and a contract.

If the employment contract is fixed-term, after the expiration of the contract, the dismissal of the employee at the end of the term of the employment contract should be formalized.
The contract at the end of the term gives legal grounds for dismissal.

The end date of the contract, as a fact, is the basis for the dismissal order.
Dismissal at the request of the employee ahead of time involves penalties.

Dismissal at the request of the employer without legal grounds occurs with the payment of compensation to the employee.
Dismissal at the request of the employer due to poor performance of duties or violation of the terms of the contract.
Dismissal by agreement of the parties, as a peace treaty, removes the issue of material claims of the parties.
The company does not have the right to terminate the contract for a reason that is not spelled out. This is the difference from the employment contract, where there are no such strict limits of what is permissible.

Payment under an employment contract and under a contract

A recruiting agency helps the employer and employee find each other. A contract for paid services is concluded informational character on the basis of an employment contract. The customer for the vacancy or the applicant, as it is hereinafter referred to, instructs the recruiting agency to provide information about the potential employer for a fee.

Remuneration under an employment contract corresponds to the level of qualification and position held, is paid weekly, twice a month or upon completion of the entire scope of work under the contract. Bonuses, payment for urgency, harmfulness, intensive working conditions or overtime work possible, but not always reflected in the contract.

Remuneration under the contract takes into account all the details and conditions of remuneration for an irregular work schedule, for the timely execution of orders. Penalties for unfair performance of job descriptions, violation of the terms of the contract, put the employee in a strict framework of basic requirements.

The contract is drawn up, carefully writing out the conditions, norms and rules of conduct. The amount of material remuneration of the employee, the amount of bonus for Good work. Penalties for any violation of the rules have a precisely stipulated amount. For minor violations, administrative measures are provided - a remark, a reprimand, a severe reprimand with entry in a personal file. Gross violations of discipline, alcohol consumption in the workplace, negligent attitude towards official duties, violation of the deadlines for the execution of the order, such misconduct leads to the termination of the contract at the request of the employer and a fine.

The contract sometimes includes a separate clause on its extension for a new period, if both parties are satisfied with the cooperation. good specialists, conscientious workers are valued.