RF] [Chapter 11] [Article 67]
The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy 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.
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 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.
When concluding employment contracts with certain categories of employees and other regulatory legal acts, containing norms, may provide for the need to agree on the possibility of concluding employment contracts or their terms with relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts in a larger number of copies.
An employment contract is an agreement between an employer and an employee about the nature and terms of a job. An employment contract legally formalizes the mutual rights and obligations of participants in labor relations. A properly drafted employment contract will protect the interests of the employer without infringing on the rights of the employee, and will help avoid many undesirable legal consequences. The parties to the employment contract are the employer and the employee.
An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a designated job function, to ensure working conditions provided for by labor legislation and other regulations, to pay the employee on time and in full, and the employee, for his part, undertakes to personally fulfill the labor function defined by this agreement, comply with the internal labor regulations in force of the employer. The main document regulating labor Relations is the Labor Code, and the terms of the employment contract should not contradict its articles. Moreover, in controversial situations, they will be interpreted as described in the labor code.
An employment contract should be distinguished from. An employment contract provides the employee with a number of benefits, guarantees and compensations not provided for in contractual relations.
Sometimes in practice the terms employment contract and employment agreement are used.
The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract remains with the employee, the other is kept by the employer. The fact that a copy of the employment contract has been received by the employee is certified by the employee’s signature on the copy of the employment contract kept by the employer.
An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his legal representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work.
According to labor code, the employment contract may contain additional conditions that do not worsen the employee’s position in comparison with those established by labor legislation and other regulations, agreements, and local regulations, namely:
Condition for specifying the place of work, indicating structural unit registration and its location;
Condition about ;
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 workers and workers;
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 can currently only be concluded in writing, usually in two copies: one copy is given to the employee, the other remains with the employer. In some cases, an employment contract is concluded in three copies: for example, with persons working under an employment contract for other individuals when performing work in the household, with minors under the age of 14, in these cases the third copy of the employment contract is given either to the registration authority, or to the guardianship and trusteeship authority.
Hiring is formalized by issuing an order or instruction from the employer, the content of which must exactly correspond to the content of the employment contract.
The hiring order is announced to the employee against signature within three days from the date of his actual start of work.
In some cases, the employer has the right to hire workers only after passing the appropriate medical examination(examination). All persons under 21 years of age undergo a medical examination every year.
Article 213 of the Labor Code.
If there are certain conditions that are necessary to perform a specific job, the employer has the right to offer the employee to undergo a psychiatric examination.
In order to test the employee’s business qualities, a probationary period may be established by agreement between the parties.
Article 70 of the Labor Code. When installed this condition The following rules must be observed:
1. The conditions of the test must be recorded in the content of the employment contract and in the employment order.
2. If the conditions for establishing a test were not specified in the content of the contract, but were indicated only in the order for employment, then such a condition is considered invalid.
3. During the probationary period, the employee is fully subject to current labor legislation.
4. A test for employment is not established for persons specified in Part 4 of Article 70. In addition to the persons specified in Part 4 of Article 70, a test is also not established for: persons who have graduated educational institution by direction of the employer; persons invited to work through transfer.
5. The specific test period is determined by agreement of the parties, but at the same time it should not exceed, according to general rule, 3 months, and for heads of organizations, their deputies, chief accountant, as well as heads of branches, representative offices and their deputies, the test period should not exceed 6 months (Part 5 of Article 70 of the Labor Code of the Russian Federation).
6. In some cases, the probationary period for certain categories may be set to a longer or shorter duration, for example, according to Part 6 of Article 70 of the Labor Code of the Russian Federation, when concluding an employment contract, from 2 to 6 months, two (2) weeks, and for civil servants, the probationary period may be set from three (3) months to one year.
7. The trial period established by law cannot be increased either unilaterally or by agreement of the parties.
8. If, upon hiring, an employer establishes a probationary period of a longer duration than is provided for by current legislation, then such a condition is considered invalid, and the employee is considered to be hired without establishing a probationary period.
9. The probationary period determined at the conclusion of the employment contract (upon hiring) cannot be extended in the future, even by agreement of the parties.
10. The probationary period does not count periods of time when the employee is absent from work, regardless of the reasons for which he is absent.
11. In the event that an employee does not pass the test, the employer has the right to dismiss him under Article 71 of the Labor Code of the Russian Federation as having failed to pass the probationary period, but in order to dismiss the employee under this basis The following legal facts must be present:
1) The dismissed employee was given a probationary period in the employment contract;
2) The employer had the right to establish a probationary period for this employee (students who have just graduated from a higher educational institution cannot be assigned a probationary period for a year);
3) The probationary period must be established by agreement of the parties, and not unilaterally by the employer;
4) The probationary period has not expired, that is, the employee can be dismissed on this basis only during the probationary period;
5) The test period does not exceed that established by law;
6) The test results are unsatisfactory;
7) The employer is obliged to warn the employee about dismissal under Article 71 of the Labor Code of the Russian Federation in writing no later than 3 (three) days before dismissal.
8) The employer is obliged to indicate a notice of dismissal and the reason that served as the basis for his dismissal.
9) When an employee is dismissed on this basis, it is not necessary to obtain a reasoned opinion from an elected trade union body and such employee is not given severance pay.
The general rules for drafting state that the TD is prepared in writing and must be in duplicate, and each of them is signed by the employee and the employer (.
To correctly draw up an employment contract with an employee, you can use a sample, as is most often done. However, experts believe that it is better to draw up the document yourself. Of course, this is quite troublesome and difficult, but such a paper provides for all the necessary points of the organization and takes into account its specific activities. The TD can include the wishes of both parties.
Who composes?
The drawing up of a contract in an institution is carried out by its legal department together with employees of the personnel department or the department of organization and remuneration.
In accordance with Art. 57 of the Labor Code of the Russian Federation, include such sections.
Data
- Full name of the employee and name of the organization that entered into the employment agreement. The data is written at the beginning and end of the document in the “Signatures of the parties” column. For example, LLC "Snow Leopard" represented by director Samoilov Andrey Sergeevich, hereinafter referred to as the "Employer", acting on the basis of the Charter, on the one hand, and Antipov Egor Mikhailovich, hereinafter referred to as the "Employee", on the other, entered into this employment contract.
- Passport information, TIN of the employee. Passport series 3223 number 123455 issued by the Yuzhnoye Tushino Department of Internal Affairs, Moscow, 03/03/2000, TIN 123456789098
- Name, postal address of the organization and Taxpayer Identification Number (except for an individual employer who is not an individual entrepreneur).
Eg, LLC "Snow Leopard", Moscow, st. Admirala Lazarev, 53. TIN 987654321123
- Place of residence of the employee. For example, Moscow, st. Bochkova, 2, apt. 65.
- The reasons by which management is vested with authority.
- Date of conclusion of the TD.
Essential conditions
How to properly draw up a document and what is involved mandatory should it be specified? The completed agreement must contain the following items:
Additional terms
The employer has the right to describe in the document conditions that will not worsen the employee’s position in accordance with the Legislation. Sample list additional conditions for the employee the following:
Duties of the parties
Both parties to the employment agreement have certain responsibilities that must be strictly fulfilled. The employee must:
- Notify management about leaving work no later than 14 days before the proposed dismissal.
- Carry out your work conscientiously without violating labor discipline and the internal rules of the company.
- Carefully work with expensive machinery or equipment.
- Maintain confidential information if the item is indicated in the TD.
The employer undertakes:
- Provide workplace, which meets the requirements of the Code and labor protection.
- Specify the duration of the working day.
- Make pension savings.
- Issue salaries and additional payments with compensation on time and in full.
- Provide payments related to pregnancy and childbirth, temporary disability, and accidents.
- Guarantee the employee's right to rest.
Important! When concluding a TD, both parties must take into account each other's responsibilities. If any of them does not comply with any clause, this is considered a violation of labor laws. This will lead to attraction to various types responsibility.
How to fill it out correctly and who does it?
How should a completed contract be drawn up and what should be written down by the employee in the completed document? Art. 57 of the Labor Code of the Russian Federation contains a number of rules and conditions for the correct execution of TD. An example of filling out paperwork with an employee:
Who draws up such an agreement in the organization? Typically, a company's HR department is responsible for document preparation. In this case, the employee fills out his own details in the contract.
Federal Law No. 90-FZ dated June 30, 2006 states that TD is formalized strictly in writing. The organization prepares TD in duplicate. One is given to the employee, and the second is kept by the employer. The document, which remains with the management of the institution, must be confirmed by the signature of the hired employee.
Required details
This is data relating to both parties to the document - the employee and the employer. They are indicated at the beginning of the contract (in the “header”) and its final part. Here are the following:
- name of the institution;
- its legal address;
- phone with email;
- as well as the full name of the head of the organization.
The employee is required to fill out the following information:
- passport data;
- location.
Document numbering
On a note. It is believed that document numbering is optional. But it is necessary because it improves the quality of office work in the institution.
The employer can indicate the number in the form of numbers and dashes, fractions. They contain serial number the TD concluded on employment and the year when the contract was signed. For example, 144-17.
Applications
An annex to a TD is a legal document that is an integral part of the TD and includes Additional information on an employment agreement, which necessarily includes a job description. Usually the following applications are used in the contract:
- Job description.
- Schedule.
- List of work prices.
- Agreement on maintaining official, commercial or state secrets.
Job description
The job description contains the following information:
- Accurate information about the employee's work function.
- Description job responsibilities and the scope of coverage of employees of the institution and other departments in the structure of organized processes.
- Established limits of responsibility assigned to a specific official.
- Requirements for the specified qualification level.
- General provisions for the position held, as well as restrictions and established rules in the workplace for an employee who is undergoing training in the organization.
Note! The company introduces the hired employee to job description in advance, since this is required to be observed when applying for employment in our country.
When the management of a company hires an employee, the latter must familiarize himself with it and sign it before concluding the TD.
How long is this agreement kept?
In how many copies is the contract drawn up? The Labor Code of the Russian Federation obliges the organization to draw up a document in duplicate, first both are registered, and then one is given to the employee who will keep it, and the other, the same certified copy, remains in the company’s human resources department.
An employment contract is of great importance because it describes the employment relationship of both parties. That is why these documents, which for some reason were not issued to dismissed employees, must be kept in the custody of the personnel department for a period of at least 75 years.
If an organization suddenly ceases its activities, it is obliged to transfer the TD to a special archival service. If an employee ever needs a contract, he can submit a request there and receive the necessary contract.
Many people believe that when they sign an employment contract when they are hired, they are following a normal formality. In fact, this is far from the case. If the document was legally correctly drawn up, both parties to the employment agreement receive certain guarantees for their work. You should not sign a TD without looking. It is necessary to carefully read all the points of the document in order to immediately identify points that will not suit the employee in the course of his work activity.
An order (instruction) on hiring is issued in the form T-1 (on hiring an employee) or T-1a (on hiring employees), approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. on the basis of a concluded employment contract, and its content must strictly comply with the terms of the concluded employment contract.
6. Register an order (instruction) about hiring an employee in the Journal of registration of orders (instructions).
7. Familiarize the employee with the order (instruction) about hiring against signature. According to Art. 68 of the Labor Code of the Russian Federation, the employer’s order (instruction) on hiring is announced to the employee against signature within three days from the date of actual start of work.
8. Make a record of employment in the work book. According to Art. 66 of the Labor Code of the Russian Federation, the employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case where work for this employer is the main one for the employee. If the employee does not have a work book, the employer will issue one. At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work
9. Fill out the Book of accounting for the movement of work books and inserts for them.
Forms of the Movement Accounting Book work records and inserts for them and the Receipt and Expenditure Book for accounting of forms of work books and inserts for them are approved by Resolution of the Ministry of Labor of Russia of October 10, 2003 No. 69.
10. Issue a personal card for the employee, acquaint him, against signature in the personal card, with the entry made in the work book, with the information entered in the personal card. The T-2 personal card form was approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. See the manual "Personal cards: design rules"
11. Register the employee’s personal file if the employer has established the obligation to maintain a personal file in relation to his position.
16. Employment contract: content, procedure for execution, grounds for termination.
T The ore contract must contain the following information:
representation of the parties,
Full name of the employee, his qualifications,
position and nature of the work performed,
start date of work,
type of employment contract (fixed-term/indefinite),
contract for the main place of work/part-time work,
is the test established and what is its duration,
rights and obligations of the employer,
employee rights and obligations,
characteristics of working conditions,
features of working hours,
duration of annual leave,
the amount of official salary and types of additional payments,
deadlines for payment of wages,
type of social insurance,
signatures of the parties.
Conclusion of an employment contract
An employment contract is concluded in writing, the text of the 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. As a general rule, it is from the moment of its signing that an employment contract is considered concluded.
Hiring is formalized by order of the employer, which is issued on the basis of a concluded employment contract and reproduces the most essential working conditions of the employee.
When concluding an employment contract in order to verify the employee’s suitability for the work assigned, the agreement of the parties may stipulate his testing for a certain period. When the probation period has expired and the employee continues to work, he is considered to have passed the test and subsequent termination of the employment contract is allowed only on a general basis.
When concluding an employment contract with certain categories of employees, the law does not allow the establishment of a probationary period. So, according to Part 4 of Art. 70 of the Labor Code of the Russian Federation, employment testing is not established for:
Persons applying for work through a competition for filling the corresponding position, conducted in the manner prescribed by law;
Pregnant women;
Persons under the age of eighteen;
Persons who have graduated from educational institutions of primary, secondary and higher vocational education and are entering work for the first time in their specialty;
Persons elected to an elective position for paid work;
Persons invited to work by way of transfer from another employer as agreed between employers;
Termination of an employment contract
Termination of an employment contract is possible, as a rule, only on grounds provided by law. According to Art. 77 of the Labor Code of the Russian Federation, the general grounds for termination of an employment contract are:
By agreement of the parties, the employment contract can be terminated at any time (Article 78 of the Labor Code of the Russian Federation);
Expiration of the employment contract;
Termination of an employment contract at the initiative of the employee;
Termination of an employment contract at the initiative of the employer;
Transfer of an employee, at his request or with his consent, to work for another employer or transfer to elective work;
An employee’s refusal to continue working due to a change in the owner of the organization’s property, a change in the organization’s jurisdiction, or its reorganization.
The employee’s refusal to continue working due to a change in the essential terms of the employment contract;
Refusal of an employee to transfer to another job due to health conditions in accordance with a medical report”;
The employee’s refusal to transfer due to the employer’s relocation to another location;
Circumstances beyond the control of the parties;
Violation of the rules for concluding an employment contract established by labor legislation, if this violation excludes the possibility of continuing work;
When an employee is hired, an employment contract must be concluded with him on the very first day of his work. In order to correctly draw up this document, it is necessary to specify a minimum list of rights and obligations of the parties that are provided for by labor legislation. A sample document, as well as the current drafting rules for 2019, are discussed in detail below.
Expert opinion
Chadova Svetlana
An employment contract must be drawn up only in writing. It is signed between 2 parties:
- An employer on whose behalf a director or other authorized person acts. It could be a company, individual entrepreneur, or even individual.
- An employee (employee) who is obliged to act only personally. This can only be an individual – either an adult or a minor citizen or a foreign resident.
The essence of this agreement is that:
- the company must provide the citizen with work, create acceptable working conditions, and pay wages on time and in full;
- the employee must perform the work conscientiously, as well as comply with established labor discipline and other standards adopted by the company.
Legislation defines general character this agreement, as well as the information that should be contained therein. It is mandatory to indicate the details of the parties, as well as the nature, conditions, place of work and other information. As additional information, which is optionally indicated, you can include sections about the test, types of additional insurance for the employee, non-disclosure of certain information, etc.
The agreement must be drawn up in 2 identical copies: one is kept in the company, the other is given to the employee. It must be drawn up and signed on the first day of work, before performing professional duties. In this case, it is allowed to “conclude” an agreement in words, i.e. orally, but in any case, a written text must be drawn up and signed within 3 working days after the actual start of performance of duties.
If for some time the parties collaborated without this document, but subsequently, when going to court, their relationship was recognized as labor, they will be required to draw up and sign an agreement also within 3 working days from the date of entry into force of the relevant court decision.
Form and rules for drawing up a contract
Thus, the legislation clearly defines the content of the employment contract, but does not impose strict requirements on the very form of this document. Therefore, the company has the right to develop any sample contract, provided that it reflects all the described points. A typical employment contract, a sample of which is used everywhere with little or no additions, contains such sections.
Preamble and subject
At the beginning of the text, you should indicate the date and place of signing (this date is considered the employee’s first working day), as well as the details of the parties:
- on behalf of legal entity there is a director or other authorized employee who indicates his position and full name, as well as the full (without abbreviations) name of the company;
- in the case of an individual entrepreneur, it is enough to indicate your full name;
- the employee indicates only his full name.
The subject of the agreement is that the company provides the job for which the employee applies. It is enough to indicate the name of the organization, its location, the position of the employee, as well as general information About work:
- main or part-time;
- urgent or unlimited;
- with or without testing (if available, the test period is indicated).
Rights and responsibilities of an employee
The next rather large and important point describes the rights of the employee, as well as his job responsibilities. First of all, it is important to indicate the rights that are provided for by the Labor Code:
- right to work;
- providing a workplace that meets normal conditions labor;
- timely and full payment of wages;
- reliable and comprehensive information about working conditions;
- professional training and retraining to the extent provided for by the Labor Code and other laws;
- rest, standard work shift duration;
- the opportunity to protect one’s rights in the manner prescribed by law, etc.
It is important to understand that there is no need to list all labor rights under the law. Even if the text of the document does not mention any guarantees, the employee still has the right to demand their provision, since this is provided for by the Labor Code.
As for responsibilities, the most important are:
- conscientious, professional performance of their duties;
- compliance with all norms and rules adopted by the company (usually they are prescribed in the relevant acts);
- compliance with safety requirements and labor protection rules;
- careful handling of company property;
- non-disclosure of commercial, state secrets, and other classified information;
- immediately informing the employer, represented by the director or other authorized employee, about the occurrence of an emergency.
Rights and obligations of the employer
A similar section is provided for the employer. The rights and obligations provided for by the Labor Code, as well as additional rights and obligations, if any, should be indicated.
Work and rest schedule
This section details information about:
- length of the working week;
- duration of shifts (in shift mode);
- duration of paid leave, the possibility of dividing it into parts;
- the possibility of providing additional (unpaid) leave.
Wage
The amount of salary, as well as other payments, if provided, is indicated in numbers and in words. In the same section, you can specify the dates of payment and the method of transfer (to a bank account, card, cash through a cash register).
Other sections
Next, standard provisions on possible changes to the procedure for terminating the agreement, details and signatures of the parties are prescribed. Separately, it is worth recording the fact of transfer of the document to the employee, who must put an additional signature and date.
Examples of completed employment contract samples
In practice, various companies or individual entrepreneurs use various samples of employment contracts. This important document is developed in advance, after which its form can be approved by a special internal normative act. The agreement can be drawn up either on regular A4 sheets or on letterhead. Often the text contains a fairly large amount of information, which is placed on 10-15 pages.
However, the text of the agreement does not have to be too long. Sometimes all the essential terms can be described on 1-2 pages, and as a result the document will be more concise.
Expert opinion
Chadova Svetlana
Leading HR specialist, lawyer, labor law consultant, website expert
There are several types of employment contracts - fixed-term and indefinite, main and part-time, with and without probation, etc. The forms of these documents are practically no different: you just need to add the appropriate condition, for example: “with a trial for 2 months.”
Differences between employment and civil contracts: comparison table
The parties can sign either an employment contract or a civil one - the so-called GPC (civil law nature). The essence of the relationship between the employee and the company may remain exactly the same, but these agreements have a different legal nature. The most significant differences between the documents are described in the table.
| comparison criterion | employment contract | GPC agreement |
| essence | performance of work duties | provision of services on a reimbursable basis |
| labor guarantees | are present in full, additional rights are possible | absent (can only be present in limited quantities) |
| position of the parties | the employee obeys the employer's rules | equal, partnership relationships |
| result | performing a job function, achieving certain results | performance of the service in full, which gives a specific, tangible result |
| validity | often indefinite | always urgent: terminates upon expiration of the deadline or immediately after achieving the result |
Thus, from the employer’s point of view, it is most advantageous to conclude a GPC agreement, since in this case he is relieved of a number of obligations to pay:
- taxes;
- insurance premiums;
- vacation pay;
- other benefits.
On the other hand, the company does not have many measures to influence a partner who cooperates only on GPC. In addition, the organization will have to prove to the inspection authorities that the involvement of an employee in the civil process does not occur regularly, i.e. the relationship is not labor in nature. Otherwise, there is a high probability of imposing a fine and taking other administrative measures.
As for the employee himself, a significant advantage of working under the GPC for him is more decent wages. As a rule, the cost of the service is assessed at the market price, which is often higher than the “price” of the salary. Based on this difference, a citizen can independently plan his contributions for a future pension and payment for medical services.
