An employment contract is an agreement between an employer and an employee about the nature and duration of the employment relationship. An employment contract legally formalizes the mutual rights and obligations of participants in labor relations. A properly drafted employment contract will protect the interests of the employer without infringing on the rights of the employee, and will help avoid many undesirable legal consequences. Parties employment contract are the employer and the employee.
An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work in a designated labor function, to provide working conditions provided for by labor legislation and other regulations, 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 and comply with the internal labor regulations in force of the employer. The main document regulating labor Relations is the Labor Code, and the terms of the employment contract should not contradict its articles. Moreover, in controversial situations, they will be interpreted as described in the labor code.
An employment contract should be distinguished from. An employment contract provides the employee with a number of benefits, guarantees and compensations not provided for in contractual relations.
Sometimes in practice the terms employment contract and employment agreement are used.
The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract remains with the employee, the other is kept by the employer. The fact that a copy of the employment contract has been received by the employee is certified by the employee’s signature on the copy of the employment contract kept by the employer.
An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his legal representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work.
According to the Labor Code, an employment contract may include additional conditions that do not worsen the employee’s position in comparison with those established by labor legislation and other regulations legal acts, collective agreement, agreements, local regulations, namely:
- Condition for clarification of the place of work, indicating the structural unit of registration and its location;
- Probationary period condition;
- Non-disclosure agreement for proprietary or commercial information;
- A condition on the employee’s obligation to work after training for no less than the period established by the contract, if the training was carried out at the expense of the employer;
- Agreement on the types and conditions of additional social and health insurance employee;
- Condition on the possibility of improving social and living conditions employee;
- A clause clarifying the working conditions of a given employee, as well as the rights and obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms.
When concluding employment contracts with certain categories of workers, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding employment contracts or their terms with the relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts in more copies.
An employment contract between an employer and an employee is an agreement under which mutual rights and obligations are formalized employee and employer.
- Tenant (employer) - a legal or physical adult registered as an individual entrepreneur has the right to conclude employment contracts as employers.
- Conclude with school students aged 16 or 15 years old. For the latter, only light, non-hard work is allowed, work that does not cause harm or discomfort to their well-being/health (Article 63 of the Labor Code of the Russian Federation).
It happens that by law the employer is forced to refuse:
- persons who have not reached the legal age (for example, it is impossible to enter into an agreement with minors in the Far North);
- Russians who have citizenship of another state and are applying for government jobs. service;
- citizens with a criminal record (they cannot hold certain positions).
Options
When and for how long is an employment contract concluded? The Labor Code divides contracts into two types: for an indefinite period and fixed-term. The first option is applicable if long-term cooperation is planned between the parties. The second option is necessary when an employee performs a specific task in a short time.
As already described above, concluding an employment agreement is beneficial to both parties. For the employer this is performance guarantee job responsibilities employee, compliance with it general rules internal regulations.
And for the employee it’s guarantee of receiving salary on time, as well as everyone cash payments provided by law, safe working conditions and an additional social package (free food, travel, medical care, insurance, etc.)
Conclusion algorithm
To conclude a contract, the future employee must present:
- a passport or other package of documents capable of verifying his identity;
- employment history;
- insurance certificate;
- a diploma or certificate indicating the education received, advanced training, etc.;
- military registration documents for the corresponding category of citizens;
- certificate of no criminal record.
If an employment contract is concluded for the first time, the employer independently draws up the documents in accordance with paragraphs 2 and 3.
ATTENTION! Restrictions when concluding an employment contract - it is prohibited to demand documents and papers not provided for by the Labor Code of the Russian Federation () and federal laws.
You can download a sample employment contract with an employee.
General procedure
Let's consider the general procedure for concluding an employment contract with a worker. How to apply? What form does it take? In how many copies? Employment contract form - written/printed in duplicate (not copies!). The employee's receipt of a copy of the employment contract must be confirmed by the employee's signature on the employer's copy.
In addition to the fact that an employment contract can only be concluded in writing, registration is possible:
- By verbal agreement.
- In accordance with internal regulations.
- The working conditions may be described in a letter from the employer with a specific offer.
- According to established legislative standards (for an employee, not less than the established minimum level).
- By drafting (between the employer and various associations).
If the employee is actually allowed to perform his duties, the employer has 3 working days to draw up an employment contract, in accordance with the norms.
Otherwise, he will be obliged to pay the employee funds according to the amount of time he last worked.
Who signs the employment contract first - the employee or the employer?
There is no fundamental difference in the order in which the agreement is signed. This is not stated in the Labor Code of the Russian Federation or other acts or laws.. As a rule, in organizations this issue is dealt with by the HR department, whose employees are the first to give the contract to the future employee to sign, after which they present it to the employer.
Is the employer stamping the employment contract? The company seal is not required, since it is not provided for by the Code of the Russian Federation, unlike the signatures of the parties. Therefore, the absence of a seal does not invalidate the contract if it bears the signatures of both parties.
REFERENCE! An employment contract is considered concluded from the moment it was signed by both parties, unless other points were established by legislative and regulatory acts (Article 61 of the Labor Code of the Russian Federation).
Receiving your copy of the document
It is important that the employment contract is in the hands of the employee. This issue is discussed in Article 67 of the Labor Code of the Russian Federation. The employer is required to provide the original agreement. If you haven’t received an employment contract, employee can complain to higher authorities, for example, to the labor inspectorate.
IMPORTANT! The employer has the right not to issue the employee a duplicate of the lost employment contract. In return he may issue a copy of the document. The employer’s position is legitimate and justified by Article 62 of the Labor Code of the Russian Federation, which refers to the issuance of copies of documents, and not duplicates.
Guarantees
All guarantees when concluding an employment contract are regulated by 64 articles of the Labor Code of the Russian Federation.
- Unreasonable and unmotivated refusal is prohibited the employer in concluding the contract.
- It is prohibited to limit a person's rights based on his race, gender, attitude to religion, origin, etc.
- Refusal for pregnant women or women with many children is also prohibited.
- The agreement cannot be denied to employees from another employer upon written request within 30 days.
ATTENTION! In case of refusal to conclude a contract, the employee may request in writing the reason for refusal. The employer must also provide the document in writing within one week.
Difficulties
Refusal of the employee to sign the agreement
Practice shows that such situations are exceptions to the rules. Since most often the employer, and not the employee, refuses to sign the document. Let's look at this point further.
An employment contract is considered not concluded if the employee does not sign the agreement, the contract is invalid and cannot come into force. The employer has the right to enter into a contract with another applicant.
If a citizen applying for a job meets all the requirements of the employer and he, in turn, does not want to lose him, then the details and terms of the contract are clarified, which is why the applicant refuses to sign the contract. Some employers seek compromise or make concessions in order not to lose a valuable employee.
The administrative commission and the document on refusal of signature drawn up by it will confirm the actions of the applicant. The main thing in this situation is for the employer to complete all documentation correctly and in accordance with the law.
Employer's refusal
If the employer does not sign the employment contract, then, as in the first case, the contract will not be considered valid. In fact, the employer refuses to enter into a contract.
This has already been covered before: the applicant has the right to make a written request asking for the reason, according to which he is not signed a contract.
If the employer does not provide a copy of the employment contract
The employee may leave the organization or begin collecting the necessary documentation for legal disputes.
If the employee takes action on the second option, he attention should be paid to:
- availability of a corresponding entry in the work book;
- availability of a certified copy of the employment order.
Additionally, documents confirming the employee’s position, salary, and start date may be required. It is advisable to have all documents in the form of certified copies. This issue must be clarified in accordance with the procedure established by law.
Knowing the laws and regulations, the applicant and the employer will be able to defend their rights in any situation. But It is best not to bring the matter to trial. It is important to initially read the documentation carefully, pay attention to details and clarify unclear points.
Useful video
This video explains the intricacies of concluding an employment contract:
The employer undertakes to provide the employee with workplace with appropriate working conditions, pay for his work in the established amount.
The employee, in accordance with the contract, undertakes to perform the labor functions prescribed by the document and comply with the rules established in the organization (Article 56 of the Labor Code of the Russian Federation).
Between which persons can a TD be concluded?
In which cases?
The emergence of an employment relationship must be confirmed by signing a TD between the parties. When selecting an employee for an open vacancy, the employer sets certain requirements that the candidate must meet. If the applicant has the necessary skills and has passed a competitive selection, this may serve as the basis for concluding an agreement.
Below is an algorithm for concluding contracts with employees and what is required when applying for a job. As well as an approximate form and sample of an employment contract between an employer and an employee.
Important! If the employer refuses to conclude a contract for the candidate for the reasons specified in Art. 64 of the Labor Code of the Russian Federation, the employee has the right to appeal such a decision in court.
Is this required for employment?
Some employers tell their employees who are new to the norms and subtleties of the legislation of the Russian Federation that they are not obliged to conclude and sign an employment contract, but this is not the case. To the question whether it is necessary to conclude a contract when applying for a job, a clear answer is contained in Art. 67 Labor Code of the Russian Federation, according to which The TD is drawn up in writing, in two copies., one of which the employee must receive in his hands after being hired at the enterprise.
If the employee has begun to perform his labor functions by order of the employer, but the documents have not yet been signed, then the contract is considered concluded (Article 67 of the Labor Code of the Russian Federation).
If a manager, when hiring a new employee, avoids signing documents, does not issue a second copy of the contract, or does not familiarize them with the hiring order, then this can be regarded as a violation of the Labor Code of the Russian Federation.
- passport;
- work book;
- SNILS;
- documents from the military registration and enlistment office;
- diploma of education;
- certificate of presence or absence of criminal record;
- a certificate stating whether the person was brought to administrative responsibility for the use of narcotic and psychotropic substances not related to medical indications.
Upon first employment, the work book and SNILS are prepared by the employer.
According to Art. 65 of the Labor Code of the Russian Federation, the employer does not have the right to demand from an employee hired documents that are not provided for by this Code, other federal laws, or presidential decrees Russian Federation and decrees of the Government of the Russian Federation (Article 65 of the Labor Code of the Russian Federation).
How to draw up a contract with an employee?
Let us now consider in what form the contract should be concluded, whether any other form other than written can be used. According to the law, a TD can only be concluded in writing (Article 67 of the Labor Code of the Russian Federation). The document is drawn up in two copies, one for each party. The employee must receive his own copy, signed by the employer.
One of the points that must be contained in the contract concluded between the employee and the employer is the start date of work (Article 57 of the Labor Code of the Russian Federation). As a rule, it coincides with the date of conclusion of the TD. If the relationship is formalized on an indefinite basis, then only this date is present in the contract, and if the contract is signed for a certain period, then the TD will also indicate its expiration date, that is, for how long the contract is concluded.
If the document has not yet been signed, but the employee has already taken his workplace and started performing his duties, then the contract is considered concluded.
We talked in more detail about how to draw up an employment contract.
What if the document is not completed?
Labor legislation specifies only a written form for concluding a labor agreement (Article 67 of the Labor Code of the Russian Federation). If the document is not drawn up and signed by the parties, this is a violation of labor laws, and in this case the contract is considered not concluded.
An employee faced with such a situation must understand what may arise in the future. controversial issue with the employer, and in order to defend his rights, the employee will need to make a lot of effort.
Important! An employee can defend his rights in the labor inspectorate, prosecutor's office or court.
Who signs and is there a stamp?
The norms of labor legislation do not establish a specific order of who signs the document first - the employee or the employer. As a general rule, when a TD is concluded, the employee is the first to sign it, since the HR department is often responsible for preparing employment documents.
Having received the TD with his signature from the employee, the personnel department passes it on to the manager for signature. Whether a seal is affixed by the employer - this issue is resolved in each organization in its own way. Presence of the organization's seal in the document mandatory not provided for (Articles 57, 67 of the Labor Code of the Russian Federation).
Registration deadlines
It is important to know what is considered the moment of commencement of the TD: if the employee has in fact already started work on behalf of the employer, then the TD is considered concluded with him, even if the document has not yet been properly drawn up (Article 67 of the Labor Code of the Russian Federation). The employer is obliged to issue a TD with such an employee no later than three days from the date of actual admission to work.
The TD comes into force on the day it is signed by the parties or on the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative (Article 61 of the Labor Code of the Russian Federation).
How many copies of the contract should there be and how to get one of them?
According to Art. 67 of the Labor Code of the Russian Federation, the TD is concluded in writing in two copies, one of which is given to the employee. In this case, the employee’s receipt of a copy must be confirmed by the employee’s signature on a copy of the TD, subsequently stored by the employer. If the document has not been issued, then in order to receive it, the employee can contact his employer with a written statement in which he voices his request for the issuance of the document.
It is necessary to ensure that the application is accepted and registered as incoming correspondence. If the employer does not respond to the employee’s statement, a copy of such statement will be required to resolve the issue in court.
What legal guarantees are established?
The Labor Code of the Russian Federation establishes guarantees for concluding trade agreements. According to Art. 64 Labor Code of the Russian Federation:
- the employer cannot refuse to conclude a TD without a justified reason;
- it is prohibited to refuse to conclude a TD depending on race, nationality, language, place of residence, or membership in public organizations;
- it is prohibited to refuse to register an employment relationship with a woman because she is pregnant or has a child;
- You cannot refuse employment to employees who were invited in writing and are transferred to work from another employer.
An employee who has been refused a TD has the right to demand that the employer provide the reason for the refusal in writing. From the moment the request is submitted, the employer has 7 days to provide a response.
Possible problems and their solutions
If the employee refuses to sign
If the head of an organization wants to formalize labor relations in accordance with the law, and the employee refuses to sign an employment contract, then the following actions must be taken:
- record the fact of refusal to sign the document (in writing, video, but only with consent);
- give the employee a copy of the order for his employment;
- familiarize yourself with internal documents against signature;
- organize an internship.
If after the above actions the employee continues to refuse, then he cannot be accepted.
The employer does not issue a visa
If the employer does not sign the employment documents, the employee should persistently ask him to do so, orally or in writing, referring to Art. 67 Labor Code of the Russian Federation. In addition, you need to ask to read the employment order and make a corresponding note in the work book (Article 66, Article 68 of the Labor Code of the Russian Federation).
If no action has been taken by the organization, then it is necessary to begin protecting your rights in the labor inspectorate or court. To prove the fact of employment, the employee will need to provide evidence (work reports, certificates). In addition, the fact of work can be proven with the help of audio and video materials, as well as witnesses (Article 55 of the Code of Civil Procedure of the Russian Federation).
They don’t give you a copy
If an employee at a new place of work is not given a copy of the contract, then he can begin to demand the document in writing. If it is never issued, then next step there will be an appeal to the labor inspectorate with a statement of violation of Art. 67 Labor Code of the Russian Federation. When filing a complaint with the inspectorate, you will need to provide a copy of the application to the manager, which indicates a request to provide the employee with a copy of the contract.
Based on the request, the labor inspectorate organizes an inspection at the enterprise. If a violation of the law is confirmed and the employee is indeed not given a copy of the TD, then the employer of the enterprise will be issued an order to eliminate the violations, and he may also be brought to administrative liability (Article 5.27 of the Administrative Code).
The hiring of an employee must be completed in accordance with all legal requirements. Concluding a written agreement with an employee is the direct responsibility of any employer. In practice, employers often do not adhere to the rules, and many employees, not knowing how to resolve the issue, continue to fulfill their obligations without proper documentation. Official employment cannot be formalized without signing a TD between the parties and receiving one copy of the document by the employee himself.
1. Written form of the employment contract in accordance with Part 1 of Art. 67 of the Labor Code of the Russian Federation is mandatory.
Concluding an employment contract in writing means that the employee and the employer draw up a special document - an agreement, which reflects the names of the parties, prerequisites employment contract, incl. labor function, other working conditions (see commentary to Article 57). This agreement is drawn up in two copies, each of which is certified by the signature of the employee and the representative of the employer or the employer - an individual.
One copy of the employment contract is given to the employee, the other is kept by the employer. The fact that the employee received one copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer. This rule is aimed at protecting the interests of both employees and the employer.
Legislation and other regulatory legal acts containing labor law norms, when concluding employment contracts with certain categories of workers, may provide for the need to agree on the possibility of concluding employment contracts or their terms with the relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts in a larger number of copies (Part 3 of Article 67 of the Labor Code of the Russian Federation).
A written form of an employment contract is required both at the main place of work and when applying for a part-time job. In this case, it does not matter where the employee goes for part-time work - to the same employer for whom the work he performs is the main one, or to another employer.
2. The current legislation does not establish a general (unified) standard form written employment contract. In each specific case it is determined arbitrarily. However, when concluding an employment contract, it is necessary to take into account the provisions of Art. 57 of the Labor Code on the contents of the employment contract (see commentary to it).
As the basis for developing the form of a written employment contract, many organizations use the Recommendations for concluding an employment agreement (contract) in writing and the Sample form of an employment agreement (contract), approved. Resolution of the Ministry of Labor of Russia of July 14, 1993 N 135 (Bulletin of the Ministry of Labor of Russia. 1993. N 9 - 10)<1>.
For some categories of workers, taking into account the specifics of their work, the relevant ministries have approved approximate forms of written employment contracts. Thus, Resolution of the Ministry of Labor of Russia dated July 23, 1998 N 29 approved Recommendations for concluding an employment agreement (contract), reflecting the specifics of regulating social and labor relations in the North, and a sample employment agreement (contract) with an employee hired to perform work in the regions The Far North and equivalent areas (Bulletin of the Ministry of Labor of Russia. 1998. No. 9). Order of the Ministry of Economic Development of Russia dated March 2, 2005 N 49 approved a sample employment contract with the head of a federal state unitary enterprise (BNA RF. 2005. N 23). Order of the Ministry of Health and Social Development of Russia dated August 14, 2008 N 424n approved Recommendations for concluding an employment contract with an employee of the federal budgetary institution and its approximate form.
Since all of these acts were adopted in different time, incl. and before the entry into force of Federal Law No. 90-FZ of June 30, 2006, they should be applied only to the extent that does not contradict the Labor Code as amended by the said Law.
3. Responsibility for compliance with the procedure for concluding an employment contract rests with the head of the organization. The employee does not bear any responsibility for the fact that the employment contract with him is not drawn up in writing or is drawn up improperly, or an order for his employment has not been issued.
In order to avoid unfavorable consequences for the employee caused by violation of the procedure for concluding an employment contract, Part 2 of Article 67 of the Labor Code of the Russian Federation provides that if the employment contract was not properly drawn up, but the employee actually began work with the knowledge or on behalf of the employer or his authorized representative, then the employment contract is considered concluded and the employer or his authorized representative is obliged no later than 3 working days from the date of actual admission to work to draw up the employment contract in writing.
It should be borne in mind that the representative of the employer in this case is a person who, in accordance with the law, other regulatory legal acts, constituent documents legal entity(organization) either by local regulations or by virtue of an employment contract concluded with this person is vested with the authority to hire workers, since it is in this case that when an employee is actually allowed to work with the knowledge or on behalf of such a person, labor relations arise (Article 16 of the Labor Code) and the employer may be obligated to formalize an employment contract with this employee in a proper manner (clause 12 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2).
The second option is associated with the use of intermediary services of the state employment service in accordance with employment legislation or private firms to assist in employment, taking into account the terms of the civil contract concluded with the employer. The employer independently selects performers based on business qualities, i.e., taking into account abilities, experience, and their suitability for the work performed. At the same time, modern labor law consolidates a fundamental position, which is also confirmed judicial practice, that the employer exclusively independently makes decisions on filling existing vacancies and concluding an employment contract, legally excluding the possibility of influencing decisions that are not in line with his interests.
Chapter 11. Conclusion of an employment contract
A canceled employment contract is considered unconcluded. Cancellation of an employment contract does not deprive the employee of the right to receive mandatory security social insurance(payment of sick leave) in the period from the date of conclusion of the employment contract until the day of its cancellation (Article 61 of the Labor Code of the Russian Federation). It is prohibited to require an employee to perform work not stipulated by the employment contract, except in cases provided for by the Labor Code of the Russian Federation and other federal laws (Article
Labor Code, n 197-FZ | Article 67 Labor Code of the Russian Federation
Over time, the custom has developed to confirm the signatures of the employer or his representative using a seal, despite the fact that there is no corresponding requirement in the law. A special rule has been established for the form of an employment contract concluded with an employer - an individual who does not have the status of an individual entrepreneur. It provides that the employer, by notification procedure, registers the relevant agreement with the authority local government at the place of its registration (Art.
303 Labor Code of the Russian Federation). The law does not establish the consequences of failure to comply with such registration, as well as its impact on the validity of the employment contract. The Labor Code of the Russian Federation recognizes the conclusion of an employment contract as the actual admission of an employee to work, i.e., the implementation by the parties of implicit actions indicating their genuine desire to conclude an agreement.
Labor Code
If an employment contract is concluded by an employee for the first time, the employer is obliged to issue a work book for him at his own expense, provided that the employee has worked for him for more than five days and this work is the main one for him, and also to issue an insurance certificate for compulsory pension insurance. The work book is kept by the employer along with monetary documents, and is issued to the employee only on the day of his dismissal from work. If you lose your work book, it can be restored at your last place of work.
Detailed regulation of the rules for maintaining and filling out work books is carried out at the subordinate level1. Special documents that the employer has the right to demand from the employee are provided only by the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.
Employment contract form
Important
The work book is the main document about labor activity citizen, which contains information about the citizen’s age, specialty, qualifications, transfers to another job, grounds for dismissal from work, employee incentives and awards. Based on the information contained therein, in particular, it is determined seniority persons for the purposes of labor law, as well as the insurance period necessary for the payment of benefits for temporary disability and pregnancy and childbirth. Every employer, with the exception of employers - individuals without status individual entrepreneurs, must lead work books for each employee.
Registration of hiring an employee
It is written in free form addressed to the head of the organization - the employer. An application for employment by an employee is accepted by the employer and registered in the manner established by the employer, for example, in the employee application register. Conclusion of an employment contract with the employee After the employer has reviewed the application of a candidate for a vacant position for employment, an employment contract is drawn up.
In accordance with paragraph 1 of Article 31 Labor Code Republic of Kazakhstan, an employment contract is concluded in writing in at least 2 copies and signed by the parties. The content of the employment contract is regulated by Article 28 of the Labor Code of the Republic of Kazakhstan.
Number of copies of the employment contract
The permit from the guardianship and trusteeship authority specifies the maximum permissible duration of daily work and other conditions under which the work may be performed. (as amended by Federal Law No. 90-FZ of June 30, 2006) Article 64. Guarantees when concluding an employment contract Unreasonable refusal to conclude an employment contract is prohibited.
Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, social and official status, age, place of residence (including including the presence or absence of registration at the place of residence or stay), as well as other circumstances not related to the business qualities of employees, are not allowed, except in cases provided for federal law. (edited)
Number of copies of the employment contract in the Republic of Kazakhstan
Attention
Code, other federal laws, collective agreement. The probationary period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions organizations - six months, unless otherwise provided by federal law. When concluding an employment contract for a period of two to six months, the probationary period cannot exceed two weeks.
The period of temporary incapacity for work and other periods when the employee was actually absent from work are not included in the probationary period. Article 71.
The number of copies of an employment contract required by the Labor Code of the Russian Federation
Info
It is not permitted to refuse to conclude an employment contract solely on subjective criteria (pregnancy or the presence of children, belonging to a certain gender, race, nationality, religion, beliefs, place of residence and other circumstances) that are not related to the employee’s business qualities. The legislation also establishes additional requirements for the employer, obliging him in some cases to enter into an employment contract with certain persons against the established quota (for example, with disabled people). In any case, an unjustified refusal to conclude an employment contract (including when its conclusion is mandatory for the employer) can be challenged in court.
Article 63. Age at which it is permissible to conclude an employment contract. The conclusion of an employment contract is permitted with persons who have reached the age of sixteen years. In cases of receiving general education, or continuing to master the basic general education program of general education in a form of education other than full-time, or leaving a general education institution in accordance with the federal law, an employment contract can be concluded by persons who have reached the age of fifteen years to perform light labor that does not cause harm to their health. (edited)
The same circumstance does not give grounds to consider an employment contract as some kind of analogue of a public contract, enshrined in the norms of the Civil Code of the Russian Federation. That is why the need to enter into negotiations with the employee, the negotiations themselves, as well as the conclusion of an employment contract, are determined by the employer himself. Perhaps for this reason, the legislator did not establish detailed legal regulation of this procedure, thereby leaving a lot in the field of business customs.
For example, practice has developed a rule according to which, before concluding an employment contract, the employee contacts the employer with a written application, which is subject to registration. This rule is largely a tribute to the tradition preserved from Soviet times, when a citizen, by making an appropriate statement, exercised his own constitutional right to work.
Number of copies of the employment contract left with each party
When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than 3 working days from the date of the employee’s actual admission to work (Article 67 of the Labor Code of the Russian Federation). On the part of the employer, the employment contract is signed either by the head of the organization or by a person , authorized by the head of the organization (executed by order or power of attorney). The signature of the manager is certified by a seal. On the part of the employee, the employment contract is signed by the employee himself. The employment contract is drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer (Art.
