Mandatory conditions of the employment contract. Model Employment Contract for Microenterprises: Changes
Employment contract sample 2017
Moscow city
Verona Limited Liability Company (Verona LLC), hereinafter referred to as the "Employer", represented by General Director Sergei Fedorovich Vorobyov, acting on the basis of the Charter, on the one hand, and
Pavlova Olga Evgenievna, hereinafter referred to as the "Employee", on the other hand, collectively referred to as the "Parties", have concluded this employment contract as follows.
General provisions. Subject of the contract
1.1. Worker is hired to Verona Limited Liability Company (Verona LLC) (located in Moscow), to the Human Resources Department for the position of Human Resources Manager.
1.2. Workplace The employee is located in room N 3 of the personnel management department.
1.3. Working conditions at the workplace of the Employee in terms of the degree of harmfulness and (or) danger are optimal (grade 1) (according to the results of certification of workplaces for working conditions dated 15.08.2013). (Employment contract sample 2017)
1.4. Work under this employment contract is an for Employee basic.
1.5. This employment contract concluded for an indefinite period.
1.6. Start date of work (date when the Employee starts work) — ————————
1.7. An employee is placed on a test upon employment in order to verify his compliance with the assigned work. The test period is 3 (three) months from the date of the actual start of work. The period of probation does not include periods when the Employee was actually absent from work.
The criteria for successful completion of the test is the full, high-quality and timely performance by the Employee of the labor function provided for by this employment contract and job description, orders (instructions) of the Employer, orders of the immediate supervisor, (Employment contract sample 2017) operating in the organization of local regulations and requirements for work, labor discipline, provisions of labor protection and safety.
Rights and obligations of the Employee
2.1. The employee has the right to:
2.1.1. Amendment and termination of the employment contract in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws.
2.1.2. Provision of work stipulated by this employment contract, as well as a workplace that meets state regulatory requirements for labor protection.
2.1.3. Full reliable information about working conditions and safety requirements in the workplace.
2.1.4. Provision of the workplace with equipment, tools, technical documentation and other means necessary for the performance of their labor duties. (Employment contract sample 2017)
2.1.5. Timely and complete payment of wages in accordance with their qualifications, the complexity of the work, the quantity and quality of the work performed.
2.1.6. Rest, that is, compliance with the daily working hours, the provision of breaks for rest and meals, weekly days off, paid annual holidays in accordance with this employment contract and the labor legislation of the Russian Federation.
2.1.7. Mandatory state social insurance in the manner and on the terms established by the current legislation of the Russian Federation, for the period of validity of this employment contract.
2.1.8. Exercise of other rights provided for by the labor legislation of the Russian Federation, the Internal Labor Regulations and other local regulations.
2.2. The employee is obliged:
2.2.1. in good faith perform a job function the corresponding position of the personnel manager, fixed in the job description (Appendix N 1), which is an integral part of this employment contract.
2.2.2. When exercising a labor function, act in accordance with the legislation of the Russian Federation, the Internal Labor Regulations, other local regulations, the terms of this employment contract. (Employment contract sample 2017)
2.2.3. Follow the rules internal labor regulations, other local regulations, including orders (instructions) of the Employer, instructions, rules, etc.
2.2.4. Do not disclose confidential (commercial, technical, personal) information that became known to him in the process of performing his job function.
2.2.5. Comply with labor protection requirements, safety, fire safety and industrial sanitation. In the event of a situation that poses a threat to the life and health of people, the safety of property, immediately report the incident to the Employer or immediate supervisor. If there is no threat to the life and health of the Employee, take measures to eliminate the causes and conditions that impede the normal performance of work.
2.2.6. Take good care of the employer's property(including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees and, if necessary, take measures to prevent damage to property.
2.3. Failure to include in the employment contract any of the rights and (or) duties of the employee established by labor legislation and other regulatory legal acts containing labor law norms, local regulations cannot be considered as a refusal to exercise these rights or perform these duties. (Employment contract sample 2017)
Rights and obligations of the Employer
3.1. The employer has the right:
3.1.1. Amend and terminate the employment contract with the Employee in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws.
3.1.2. Require the Employee to perform them labor duties and respect for the property of the Employer and other employees, compliance with the Internal Labor Regulations and other local regulations, labor discipline, safety rules, industrial sanitation and fire protection.
3.1.3. Encourage an employee for conscientious efficient work in the manner and under the conditions established by the Regulation on remuneration (approved by Order No. 2 of January 28, 2011) and other local regulations of the Employer.
3.1.4. Carry out voluntary medical insurance for the Employee in accordance with the Policy on social benefits for employees (approved by Order No. 7 of January 20, 2014).
3.1.5. To control fulfillment by the Employee of labor duties, compliance with labor discipline, safety regulations, industrial sanitation and fire protection, internal labor regulations and other local regulations. (Employment contract sample 2017)
3.1.6. Involve Employee to disciplinary and financial responsibility for non-performance or poor-quality performance by the Employee of labor duties in the manner prescribed by the Labor Code of the Russian Federation, other federal laws.
3.1.7. Exercise other rights provided for by the labor legislation of the Russian Federation, the Internal Labor Regulations and other local regulations.
3.2.The employer is obliged:
3.2.1. Comply with labor laws and other regulatory legal acts containing labor law norms, local regulations, terms of agreements and this employment contract.
3.2.2. Provide the Employee with work in accordance with the terms of this employment contract.
3.2.3. Provide a safe working environment in accordance with the requirements of labor protection.
3.2.4. Provide the Employee with a properly equipped workplace, provide him with equipment, tools, technical documentation and other means necessary for the performance of his labor duties.
3.2.5. Keep track of working hours actually worked out by the Employee.
3.2.6. Provide the Employee with timely and full payment of wages in accordance with his qualifications, the complexity of the work and the quality of the work performed.
3.2.7. To acquaint the Employee against signature with the adopted local regulations directly related to his work activity.
3.2.8. Carry out compulsory social insurance of the Employee in the manner prescribed by the current legislation of the Russian Federation.
3.2.9. Compensate for harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.
3.2.10. Keep a work book for the Employee in accordance with the legislation of the Russian Federation. (Employment contract sample 2017)
3.2.11. Perform other duties stipulated by labor legislation, including legislation on a special assessment of working conditions, and other regulatory legal acts containing labor law norms, agreements, local regulations and this employment contract.
Working hours and rest time
4.1. The employee is set a normal working time of 40 hours per week.
4.2. The employee is set the following working hours:
- five-day work week with two days off (Saturday and Sunday);
- duration of daily work - 8 hours;
- start of work - 09.00, end of work - 18.00;
- break for rest and meals - 1 hour (from 13.00 to 14.00).
4.2.1. The Employer has the right to involve the Employee to work on weekends and non-working holidays, as well as to work overtime in the manner and under the conditions established by labor legislation.
4.3. The employee is granted annual paid leave lasting 28 calendar days.
4.3.1. The right to use the leave for the first year of work arises for the Employee after six months of continuous work with this Employer. By agreement of the Parties, as well as in cases established by law, the Employee may be granted paid leave before the expiration of six months.
4.3.2. Vacation for the second and subsequent years of work may be granted to the Employee at any time of the working year in accordance with the vacation schedule.
4.3.3. If the Employee wishes to use annual paid leave in a period other than the period provided for in the vacation schedule, he is obliged to notify the Employer in writing no later than 2 weeks before the intended vacation. The change in the terms of granting leave in this case is made by agreement of the Parties.
4.3.4. By agreement of the Parties, annual paid leave may be granted to the Employee in installments. At the same time, at least one part of the vacation must be at least 14 calendar days. (Employment contract sample 2017)
4.4. For family reasons and other valid reasons, the Employee, upon his application, the Employer may provide leave without pay.
4.4.1. In cases stipulated by law, the Employer is obliged to provide the Employee with unpaid leave.
Terms of payment
5.1. Wage The Employee in accordance with the Employer's current remuneration system includes from the salary.
5.2. For the performance of the labor function, the Employee is paid an official salary in the amount of 27,000 (twenty-seven thousand) rubles per month.
5.3. An employee may be paid premium in the amount of up to 50 percent of the salary, subject to the conditions and procedure established by the Regulations on wages (approved by Order No. 2 of January 28, 2011).
5.4. Wages are paid to the Employee at least every half a month(On the 20th day of the current month - for the first half of the month and on the 5th day of the month following the worked month - the final payment for the worked month). If the day of payment coincides with a weekend or non-working holiday, wages are paid on the eve of this day. Holidays are paid no later than three days before the start of the holiday. (Employment contract sample 2017)
5.5. Wages are paid in the currency of the Russian Federation in non-cash form by transferring it to the settlement account of the Employee indicated by him for this purpose. An application with bank account details is submitted by the Employee to the accounting department of the Employer.
Responsibility of the Parties
6.1. The Parties are responsible for non-performance or improper performance of their duties and obligations established by law, the Internal Labor Regulations, other local regulations of the Employer and this employment contract.
6.2. For failure or improper performance by the Employee through his fault the labor assigned to him responsibilities the Employee may be subject to disciplinary sanctions under Art. 192 of the Labor Code of the Russian Federation.
6.3. The parties may be brought to material and other types of legal liability in cases and in the manner provided for by the Labor Code of the Russian Federation and other federal laws. (Employment contract sample 2017)
6.3.1. The employer bears material and other liability in accordance with the current legislation of the Russian Federation in the following cases:
- illegal deprivation of the Employee of the opportunity to work;
- causing damage to the property of the Employee;
- delays in payment of wages to the Employee;
- infliction of moral harm to the Employee;
- in other cases stipulated by the legislation of the Russian Federation.
6.3.2. The employee is liable both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to third parties.
Change and termination of the employment contract
7.1. Change certain parties terms of the employment contract only by agreement of the Parties, which is drawn up by an additional agreement, which is an integral part of this employment contract.
7.1.1. Changes and additions to the terms of this employment contract may be made by agreement of the Parties when changing the legislation of the Russian Federation, the collective agreement, local regulations of the Employer, as well as in other cases provided for by the Labor Code of the Russian Federation. (Employment contract sample 2017)
7.2. This employment contract can only be terminated on the grounds provided for by the Labor Code of the Russian Federation and other federal laws.
7.2.1. Guarantees and compensation related to the termination of the employment contract are provided to the Employee in accordance with the norms of the Labor Code of the Russian Federation, other federal laws.
Final provisions
8.1. controversy or disagreements between the Parties arising from the fulfillment of the terms of this agreement are subject to settlement through direct negotiations between the Employee and the Employer.
8.1.1. If an agreement between the Parties has not been reached, then the dispute is subject to resolution in the manner prescribed by the legislation of the Russian Federation.
8.2. In all other respects that are not provided for by this employment contract, the Parties are guided by the legislation of the Russian Federation.
8.3. The terms of this agreement are not subject to disclosure and publication in the press.
8.4. This agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee. (Employment contract sample 2017)
Prior to signing this employment contract, the Employee is familiar with the following local regulations:
Sample Documents
Legal relations arising between an employee and an employer have received their clear regulation in the labor legislation of the Russian Federation. The basis for the emergence of such relations is an employment contract concluded between the parties.
In particular, when hiring, the employer concludes an appropriate agreement with the employee, which specifies the employee's labor obligations and the amount of his salary. Such an agreement must be drawn up and signed on the basis of the consent of the parties.
And what is the standard form of a typical one, and how should it be composed?
What is it and existing species
According to the current legislation, an employment contract can be characterized as an agreement concluded between an employee and an employer, which regulates the procedure and conditions for the implementation of labor activity, as well as the rules for its payment. Many people confuse this, under the terms of which payment is also made for certain work.
But such transactions are not employment contracts. This is primarily due to the fact that, under the terms of the employment agreement, the employee must comply with certain requirements of the internal regulations of the enterprise.
In practice, employment contracts of the following types are concluded:
Links to articles
Labor legislation carefully regulates the procedure and rules for concluding an employment agreement.
In particular, art. 67 of the Labor Code of the Russian Federation states that an agreement concluded between an employer and an employee must be drawn up in writing. At the same time, it must be issued in two copies: one for each party.
Art. 57 of the Labor Code of the Russian Federation provides for the content of the contract.
In particular, it should include the following information:
- employee's position;
- his job functions;
- date of entry to work (for example, from July 1);
- the amount of wages;
- rights and obligations of the parties;
- working hours;
- the procedure for granting leave, etc.
The more carefully the legal relationship between the employee and the employer is regulated, the lower the likelihood of possible problems and misunderstandings.
Art. 9 of the Labor Code of the Russian Federation provides a list of those documents and regulatory legal acts that regulate labor relations. In addition to legislative acts that are mandatory for all employers, this article provides for the possibility of regulating labor relations by internal regulations of the employer, as well as collective and individual labor agreements.
What is the form of a standard employment contract
The form of a standard employment contract consists of several parts. In particular, the agreement begins with a preamble, which indicates the data of the parties. This is followed by a part devoted to the general provisions and the subject of the contract.
This section contains the most important information:
- employee's position;
- the work he has to do;
- time to go to work, etc.
The following is a statement of the rights and obligations of the parties to the contract. Given the peculiarities of labor relations, the employer and employee may have different rights and obligations. But in all employment contracts it is necessary to indicate that the employee must properly fulfill his labor obligations, and the employer must pay wages.
The following parts of the employment contract are devoted to wages, as well as working hours and rest of the employee. Here it is necessary to carefully foresee the order and date of payment of wages. As well as the work schedule, if any, the number of days when the employee rests, and the procedure for providing.
The text of the labor agreement should also include clauses that relate to social insurance, labor protection, guarantees provided to employees, etc. The last part of the employment contract is the final chapter, which provides for the procedure for terminating the contract, the rules for sending notifications by the parties to the agreement, the number of copies of the contract drawn up, etc.
Difference from civil law
Of course, civil law makes it possible to conclude an agreement under which one party performs certain work, and the other undertakes to pay a specified amount of money for this, but such an agreement has nothing to do with an employment contract. A civil law transaction has a number of differences from an employment contract.
In particular, when concluding such a transaction:
- a person performing work cannot count on receiving leave (including parental leave), sick leave;
- no deductions are made to the Pension Fund and the Social Insurance Fund for the employee;
- it is not subject to minimum wage requirements;
- work experience is not calculated.
It follows from the above that the norms of labor legislation do not apply to civil law transactions.
Composition and instructions
In 2019, some legislative changes were introduced that enable small businesses to refuse to develop internal regulations that govern labor relations.
Instead, micro-enterprises can conclude labor contracts with employees based on the approved standard form. At the same time, an organization is considered a micro-enterprise in cases where the number of employees does not exceed 15, and the total income for the last reporting period is 120,000,000 rubles.
The approved form of a standard labor agreement contains all the necessary data, which, according to the requirements of the current labor legislation, must be included in the text of the agreement. In particular, the form contains such items as, for example, information about wages, employee positions, working hours, rights and obligations of the parties, etc.
In fact, this is a universal form of an employment contract, provided for all cases that may be in practice. It also includes language that relates to the working conditions of remote or home-based workers.
How to issue
Drawing up a standard form of an employment contract will not be difficult. To do this, you must first enter the data of the parties to the agreement.
In particular, you must complete:
- name, address of the employer;
- data of the person who acts on behalf of the employer;
- employee data (full name, address, passport details, bank account number, etc.).
Next, you need to fill in the position, salary and list of labor obligations. After that, it is necessary to carefully re-read the sample contract, excluding from it all the clauses that are not relevant to a particular case. The contract must be drawn up in two copies.
Features for micro enterprises
As mentioned above, from 01/01/2017. new legislative changes have been introduced that enable micro-enterprises to completely abandon the need to adopt internal regulations that regulate labor relations. This innovation also applies to individual entrepreneurs who use the labor of employees.
But instead, all the conditions that relate to the procedure and rules for the implementation of labor obligations should be provided directly in the labor agreement. To facilitate the task of employers, the Ministry of Labor of the Russian Federation has developed a standard form of an employment agreement that can be used by micro-enterprises.
Where to download and store
The form of a standard employment agreement can be downloaded free of charge from the Internet. To do this, just enter the appropriate query in the search engine.
As for the storage of an already signed agreement, the legislation does not provide for any mandatory requirements. In particular, each employer must keep the signed version of the contract in accordance with the document management rules established in the enterprise. As a rule, in almost all companies, signed labor agreements are stored in the personnel department.
At the same time, a separate file is created for each employee, and only his documents are stored in the folder.
Obligations of the parties to the agreement
Both the employer and the employee have certain obligations that must be properly fulfilled.
employer
The main obligation of the employer is to pay the employee the agreed amount of wages. At the same time, he must make payments within the time limits stipulated in the employment agreement. If the employer transferred the amount of wages later than the specified period, he must pay penalties for each day of delay.
In addition, the employer is also obliged to provide appropriate working conditions necessary for the implementation of labor obligations. When hiring an employee, he must familiarize him with the safety rules, as well as with the internal regulations that are established in this enterprise.
The employer is also obliged to provide the employee with the tools, equipment and materials that are necessary for the performance of work. In the cases provided for by law, he is obliged to compensate for the harm caused to the health of the employee.
worker
The main obligation of the employee is to perform the work that is provided for in the text of the employment contract. The employee must also comply with the internal labor regulations that are established in the enterprise. He must come to work at the specified time.
The employee must also fulfill all instructions of the employer that relate to his work duties.
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).
Employment contract - an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and by this agreement, pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement 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.
The Labor Code does not define a specific form or model of an employment contract, except for micro-enterprises (since 01/01/2017). A new standard form of an employment contract for micro-enterprises was approved by Decree of the Government of the Russian Federation dated 08/27/2016 No. 858 "On the standard form of an employment contract concluded between an employee and an employer - a subject of small business, which refers to micro-enterprises. The beginning of the document: 01/01/2017.
Decree No. 858 of August 27, 2016 approved a standard form of an employment contract, which includes various options for filling out certain provisions and conditions. A standard form of an employment contract at micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a particular employee.
Prepared by the Ministry of Labor in pursuance of the list of instructions of the President of Russia following the meeting of the State Council on the development of small and medium-sized businesses (No. Pr-815GS, 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 terms of the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises" (hereinafter - Federal Law No. 348-FZ).
In accordance with Federal Law No. 348-FZ, an employer - a small business entity, which is classified as a micro-enterprise, has the right not to adopt local regulations containing labor law norms (internal labor regulations, regulations on wages, shift schedules, and others). At the same time, the terms and conditions, which, in accordance with the Labor Code, are regulated by local regulations, must be included in the employment contract, which is concluded on the basis of a standard form approved by the Government of Russia.
The signed resolution approved a standard form of an employment contract, which includes various options for filling out individual provisions and conditions. This will ensure flexibility in the regulation of labor relations, taking into account the specifics of the activities of a particular employer.
The standard form of the contract includes special conditions that apply to remote and home workers, which are not used in other cases.
A standard form of an employment contract at micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a particular employee.
The implementation of the resolution will reduce the volume of document flow and increase the level of protection of the labor rights of employees working for employers - small businesses that are classified as micro-enterprises.
The employment contract specifies:
Surname, name, patronymic of the employee and the name of the employer (surname, 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, with the exception of employers - individuals who are not individual entrepreneurs - individual entrepreneurs);
information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;
place and date of conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
Place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;
labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards;
the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;
terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);
the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);
guarantees and compensations for work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.
The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:
Clarification of the place of work (indicating the structural unit and its location) and (or) the workplace;
about the test;
on improving the social and living conditions of the employee and members of his family;
on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;
on additional non-state pension provision for an employee.
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements . Failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations. The term of the employment contract is 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. More details in article 58 of the Labor Code of the Russian Federation.
The concept of a fixed-term employment contract is introduced in Article 59 of the Labor Code of the Russian Federation.
According to Article 60 of the Labor Code of the Russian Federation, it is prohibited to demand the performance of work not stipulated by an 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 of part-time work An employee has the right to conclude labor 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 exemption from work specified in the employment contract.
Article 61 of the Labor Code of the Russian Federation defines: The entry into force of an employment contract.
An employment contract shall enter into force from the day it is signed by the employee and the employer, unless otherwise provided by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his employer. authorized representative.
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 an employment contract does not deprive the employee of the right to receive mandatory social insurance in the event of an insured event in the period from the date of conclusion of the employment contract until the day of its cancellation.
Employment contract sample 2017 download
According to Art. 37 of the Constitution of the Russian Federation, each citizen can independently choose his occupation and specialty. Work must be carried out in conditions that do not contradict the requirements of safety and hygiene. And remuneration must be paid by the employer on time and in full.
An employment contract filled out and signed by the parties is a fundamental legal fact that determines the emergence, change and termination of service relations between the employer and the employee. It establishes the legal relationship between the worker and the employer and is a set of legal norms that regulate the service relations between the parties who signed the document. An example of an employment contract is in our article.
Types of employment contracts
Most often, the contract with employees is for an indefinite period of time. But, in some cases, it may set time limits depending on the nature of the work or the conditions in which it will be performed. Such cases are considered in Part 1 of Article 59 of the Labor Code of the Russian Federation.
It should be noted that a fixed-term contract can become perpetual. If after the expiration of the time specified in it, the employee continues to work, the document loses its urgency and is considered concluded for an indefinite period, in addition, there are other nuances.
By validity period:
Indefinitely imprisoned;
imprisoned for a fixed period (no more than 5 years).
By the nature of the working relationship:
Contract for the main place of employment;
at work part-time;
short term contract;
with seasonal workers;
with employees working from home;
contract on state (municipal) service.
By type of employer:
Contracts concluded with organizations - jur. persons and IP.
employment contract with an individual. In this case, the employer is an individual without registration of IP. Most often, such employers enter into a contract with service personnel.
Depending on the legal status of the employee, contracts are:
Signed with minor citizens;
prisoners with persons who perform family duties;
issued with foreigners;
signed with stateless persons.
According to the nature of working conditions, the division is as follows:
Under normal working conditions;
taking into account work at night;
prisoners with citizens working in the regions of the Far North, and in territories equated to it;
in hazardous work conditions.
Types of employment contracts depending on the amount of work performed:
About the main work;
about part-time work.
In the first case, the employee works full-time for the employer all day. This is where he keeps his workbook.
In the second - a person works in his spare time from his main job. Such work cannot last more than four hours a day. The contract signed with the employee indicates that the work performed is precisely part-time work. Such a document can be concluded both at the main place of work, and with another employer.
Form of employment contract
Let's answer the question: "What is the form of the employment contract?" For this, a standard form is used, approved by Decree of the Government of the Russian Federation No. 858 of August 27, 2016.
The document is drawn up in writing, in two copies. Each copy is signed by the director and employee. One is transferred to the employee, the second is kept by the employer. As a token of receipt of a copy, the employee must put a personal signature on the document kept by the employer.
If the employee started work with the knowledge of the employer, the contract is considered concluded, even if it was not executed in writing. Despite this, the document should be drawn up and signed within three days.
According to the article. 57 of the Labor Code of the Russian Federation, the contract must contain the following information:
FULL NAME. the employee and the name of the employer company;
passport data of the employee (and the employer, if he is an individual);
TIN of the employer;
date and place of signing.
Place of work;
profession;
date of commencement of work (if a fixed-term contract is concluded, the period of its validity is indicated);
terms of remuneration;
mode of work and rest;
guarantees provided by the contract;
the nature of the work;
working conditions.
This information must be included in the employment contract. The completed document is signed by the parties. For non-compliance with the rules for drawing up a contract by a labor inspector in the event of checking personnel documentation, an administrative fine may be imposed.
If it is necessary to make changes to it, new information can be issued in the form of an additional agreement.
Employment contract with a foreigner sample 2017 download
All the rights of the working people of Russia apply to personnel from other countries, but with a few reservations due to the fact that these people are not citizens of the country and come here only temporarily, only to earn money.
The Labor Code of the Russian Federation in chapter 50.1 contains a detailed list of features and restrictions of employment contracts with migrants and workers temporarily staying in the country.
Some aspects of relations with foreign personnel are also regulated by the Federal legislation.
You can freely hire:
Citizens of the EEC (Eurasian Economic Union), while they must be registered in the country;
citizens of other states who have a residence permit, a temporary residence permit;
refugees and persons who have applied for and received asylum in Russia.
For employers, dealing with the above categories of citizens will also not create additional problems - permission to use the labor of foreigners in these cases is not needed (Article 13, paragraph 4 of Federal Law No. 115-FZ; Article 97, paragraph 1 - Treaty on the Eurasian Economic Union).
1. A work permit will have to be issued to foreign citizens who come to the Russian Federation for a certain period of time to earn money, and firms that employ temporary staff need to obtain a permit for labor relations with citizens of other countries.
2. Qualified personnel who arrived in Russia for the purpose of finding a job also need to obtain a work permit in the country (No. 115-FZ, article 13.2).
It is impossible to hire persons under the age of 18, however, it is easier here - until this age, migrants will not be able to obtain the documents necessary for this (Labor Code of the Russian Federation, Article 327, Part 3; No. 115-FZ, Article 13, paragraph 4 and Article 13.3, paragraph one).
Also, the Labor Code of Russia provides a list of industries and jobs to which only citizens of the country can be involved. This must also be taken into account when recruiting personnel (Labor Code of the Russian Federation, article 327, part 4).
Required documents in 2017. According to the Labor Code of the Russian Federation, when applying for a job, citizens must have with them:
1. An identity document (passport, other document).
2. If this is the first employment, then the employer will issue a work book (Article 65 Part 4 of the Labor Code of the Russian Federation), you can also apply for a job without a book if this place of work is not the main one. Otherwise, it must be presented.
3. A certificate of pension insurance (SNILS) is required.
When you first get a job, its registration is entrusted to the employer (Labor Code of the Russian Federation, Article 65, Part 4).
4. Diploma or other documents confirming qualifications and knowledge, if required by the position for which the employee is employed.
5. For some vacancies, a certificate of no criminal record is required.
All of the above documents are mandatory for all persons applying for a job, regardless of citizenship.
When concluding an employment agreement with foreigners, the list expands (Labor Code of the Russian Federation, article 327.3 part 1):
Documents giving the right to work in the country;
permission for temporary stay in the country, another document confirming the legality of residence in Russia;
a health insurance policy, which is not needed if the employer company has a contract for the medical care of its employees.
Can an employment contract with a foreign worker be indefinite?
Regardless of the period for which the documents legalizing the stay and labor activity in the country are issued, when applying for a job, an open-ended employment contract is drawn up. Upon the expiration of any of the documents (patent or permit), the employee may be dismissed.
A fixed-term employment agreement can be concluded if the staff is initially recruited for seasonal work (Article 59 of the Labor Code of the Russian Federation).
How to draw up an employment contract with a foreign worker in 2017
When drawing up an agreement regulating labor relations, it is necessary to follow the general rules for such documents, while for foreign citizens there are a number of additional conditions and reservations (Labor Code of the Russian Federation articles 327.2 and 57).
Provisions common to all labor agreements in the country:
1. Full names of the parties concluding the contract (from the side of the employer - the name of the company).
2. Identification numbers and information about the submitted documents proving the identity of the employee. TIN of the employer.
3. Information about the person acting on behalf of the employer and signing the contract, an indication of acts and documents confirming the existence of such powers.
4. Date and place of conclusion of the agreement.
5. The place where labor activity will be carried out, the position in which the employee will work (position, work that he will perform).
6. When, under the contract, a person must begin to fulfill the obligations specified in the document.
7. Remuneration, including bonuses, allowances, additional payments.
8. Mode of operation, schedule, weekend vacation.
9. If the work is harmful or dangerous, then compensation is indicated.
10. What kind of work (traveling, in the office, etc.).
11. A mandatory indication of how a particular place of work will be equipped, in what conditions a person will work.
12. Information about compulsory insurance (pension, medical, social).
A number of additional conditions are also introduced:
1. If necessary, details about the place of work are entered.
2. Conditions and duration of the trial period.
3. Inadmissibility of disclosure of official (commercial) secrets is indicated.
4. If the employee will be trained and trained, he will be obliged to work out the period determined by the employer upon completion of training (internship).
For foreign citizens, the following must be additionally included in the agreement:
Information on the availability of documents legalizing his stay and labor activity in the country:
1. Work permit, as well as a document confirming the right to stay in Russia.
2. Patent (for those who do not have a visa).
3. Residence permit (for those who have settled in the country).
4. The above documents must be listed: title of the document, place, date of issue, for how long it was issued, who issued it.
it should be clarified in the contract how the employee will be provided with medical care.
Perhaps there is an agreement with VHI, then you need to write information about this agreement.
If the organization has entered into a contract for the provision of medical services to staff, it should be clarified under what conditions these services will be provided.
Taxation of employees: how the rules have changed in 2017
The amount of tax paid depends on whether the foreigner is a tax resident of the Russian Federation. You can determine the status of an employee on the basis of documents and papers that confirm his stay in the country for 12 months.
If the number of days is at least 183, then the person is recognized as a tax resident and is taxed at a general rate of 13%. At the same time, these days do not necessarily have to go in a row without interruptions, it is important that the required amount is accumulated over the specified period - 12 consecutive months (TC RF Article 207 paragraph 2).
This is a rather important condition, since a non-resident is taxed at 30%, so your stay in the country must be recorded in any contracts, papers, while it should be borne in mind that the law does not regulate which papers can be proof of the resident status of an employee.
These can be: employment contracts, certificates from places of work, documents and certificates from educational institutions, registration certificates, documents and invoices for accommodation in hotels, any other documents.
The calculation of the days required to obtain resident status allows for temporary travel outside the country, subject to the condition reflected in the law on the assignment of tax status. Two categories of foreigners, regardless of the number of days spent in Russia, will immediately have the status of a tax resident: persons carrying out labor activities under a patent and highly skilled workers.
Filing tax returns will be the responsibility of the foreign workers themselves.
Responsibility for violations of an employment contract with a foreign worker in 2017
The management of the employing company bears the same responsibility to the foreign employee as to the citizen of the country, and is obliged to comply with the Labor Code of the Russian Federation.
Identified violations of the Labor Code of the Russian Federation are punished administratively. In this case, penalties are imposed on the company.
For example, for concealing an accident at work, the administration of the company is fined in the amount of 10,000 rubles. If at the same time the employee was not briefed on safety precautions and there is no signature confirming his familiarity with the safety rules, the director of the enterprise can be accused of causing damage to the health of a foreign employee.
In this case, sanctions can be imposed in the amount of 200 thousand rubles, or, depending on the severity of the damage caused, imprisonment for up to 4 years.
In case of violation of the rules for registering an employee, paying him a black salary, unsubmitted information about him, fines, penalties and payments themselves are imposed for each type of missed mandatory payments.
Fixed term contract 2017
There are situations when an employment relationship with a newly hired employee can only last for a certain period.One of the most common situations when it becomes necessary to conclude an employment contract for a certain period is the maternity leave of the main employee.
In this case, an employment contract can be concluded for a period of 1.5 to 3 years.
Upon expiration of the validity period, entries are made in the work book with reference to the expiration of the contract.
Another situation where the need for a fixed-term employment contract arises is the vacation of the main employee, a long stay on treatment, as well as the performance of a specific set of functions over a specific period.
Often, such employment contracts are used by road construction and construction companies, the range of work performed by which is seasonal.
As a rule, in the spring-summer and autumn periods, due to the intensity of work, they need to increase the number of employees.
For such companies, a fixed-term employment contract is an opportunity to save on wages.
Thus, through such an employment contract, labor relations are formalized for a specific period.
Types and features
The current legislation defines the following concept of a fixed-term employment contract as an obligation concluded for a specific period, but not more than 5 years, if the term or expiration date of its validity is not indicated in the document, it is considered concluded for an indefinite period.
Violation of this moment often leads to conflicts and litigation.
Conditionally fixed-term contracts on labor relations can be divided into two types:
Concluded for a specific period, taking into account the characteristic features of the work or the conditions for its implementation;
concluded for a specific time and by agreement of the parties.
In the first case, the contract is concluded regardless of the wishes of the parties concluding it, in the second case, the parties are the initiators of its conclusion.
Situations where, regardless of the wishes of the parties, are clearly defined by the legislator.
From this video, it will become clear to you what the employment contract we are considering is, as well as how to conclude and terminate it.
The scope of the initiative of the parties is also indicated in the labor law.
The restrictions introduced by the legislator are directly aimed at limiting the quantitative indicators of the number of temporary employees in the country.
In turn, employers are more likely to resort to the conclusion of fixed-term employment contracts.
In many ways, this gives them a certain leverage of pressure on the employee, and also greatly simplifies the procedure for his dismissal.
Meanwhile, if the judicial authorities do not consider the reasons for concluding such an agreement to be lawful and justified, it can be canceled and the employer will be obliged to accept the employee for a permanent job.
Officials or organizations that have committed such a "mistake" will incur administrative penalties and will be forced to pay fines.
According to statistics, violations in terms of labor relations of this kind are most often detected.
Thus, a fixed-term employment contract is invalidated if:
Concluded without grounds, that is, the grounds indicated in it are absent in Article 59 of the Code;
concluded for more than 5 years;
its validity is not limited to a specific date or the occurrence of a specific event;
prolongation of contractual obligations and extension of relationships is evidence that the nature of the work performed has ceased to be temporary;
by concluding such a document, the employer aims to avoid providing the employee with legal guarantees and rights.
Grounds for conclusion
The issues of the validity of fixed-term employment contracts and the grounds for their conclusion are stipulated in Article 59 of the Labor Code of the Russian Federation.
In addition to the situations cited above as an example, there are other grounds for concluding an employment contract limited in time.
So, other grounds that give the employer the right to conclude a fixed-term contract with a new employee are:
Performance of temporary, for a period of not more than 2 months and seasonal work;
when sending employees to work outside the country;
to perform functions that go beyond the core business of the expansion, but for no more than one year;
with employees hired to perform specific work, the completion date of which is not known;
with employees hired for positions in an organization whose activities are of a temporary nature;
fixed-term contracts are concluded with employees who have taken positions of an elective nature, as well as members of organizations and structures that ensure the conduct of election campaigns;
this type is concluded with the unemployed sent to organizations to perform temporary work;
such contracts are concluded with citizens who are sent to the civil service of an alternative nature;
a fixed-term contract may also be concluded by agreement of the parties.
Termination rules
If we discard other reasons and force majeure (for example, the death or illness of an employee, his desire to terminate contractual obligations ahead of schedule), its logical conclusion is the occurrence of an event or the date of its end.
In this case, the termination of the fixed-term contract occurs on a general basis, of which the employee must be notified in writing no later than 3 days before the event or deadline.
Failure to comply with this rule can become not just a cause of conflict, but the basis for filing an application with the court.
Early dissolution
At the initiative of the employee, the employment relationship is terminated upon submission of the relevant application.
In this case, Art. 78,80,81 of the Labor Code.
If the employer wishes to terminate the relationship, he can use both the grounds specified in the document, including a list of possible violations by the employee, and those indicated by law.
The ideal option is the termination of labor relations by mutual agreement or agreement of the parties.
Employment contract with individual entrepreneur sample 2017 download
For the legal consolidation of labor relations between an individual entrepreneur and an employee, an employment or civil law contract is concluded between them in writing. One copy is kept by the individual entrepreneur, the other by the employee.
An individual entrepreneur has the right to conclude an employment contract with a person who has reached the age of sixteen. At the same time, an individual entrepreneur can conclude an agreement for light work with a fourteen-year-old person, with the consent of his parents.
In our article, we will consider what types of employment contract are, what mandatory clauses it must contain, and also what documents are required for its execution.
Types of contracts between individual entrepreneur and employee
Contracts between an employee and an individual entrepreneur can be of the following types:
1. Indefinite employment contract.
Such an employment contract between an individual entrepreneur and an employee is concluded for a long time and involves the employment of an employee on a permanent basis. The document, as a rule, contains social guarantees on the part of the employer, as well as obligations on the part of the employee.
An indefinite employment contract does not have a fixed term. When concluding this type of employment contract, the period of its validity is not indicated.
2. Fixed-term employment contract.
This type of contract is concluded for a certain period. In certain cases, it is beneficial for employers to enter into fixed-term employment contracts in order to part with the employee after the expiration of the contract. The maximum term of a fixed-term employment contract is five years. When the document expires, it must be renewed or terminated. It is unacceptable to conclude fixed-term employment contracts without justification.
Based on Article 59 of the Labor Code of the Russian Federation, a fixed-term employment contract between an individual entrepreneur and an employee is concluded in the following cases:
For the period of urgent or seasonal work;
to replace an employee who is temporarily absent (illness, maternity leave, etc.), but the job remains for him;
for the period of internship or vocational training of the employee;
with employees who work for the same employer (part-time);
with pensioners (by age or with health restrictions);
with persons who go to work for an individual entrepreneur.
In accordance with Article 79 of the Labor Code of the Russian Federation, the employer is obliged to warn the employee in writing about the termination of labor activity three days before the end of the fixed-term employment contract.
If, at the end of the contract, neither party has declared its intention to terminate it, then it is considered concluded for an indefinite period.
3. Civil law contract.
This type of contract is concluded by an individual entrepreneur with one or more people for one-time work.
When concluding an employment contract between an individual entrepreneur and an employee, an individual entrepreneur has the right to prescribe in it such conditions as a probationary period or the preservation of trade secrets. We will consider an employment contract that involves the permanent employment of an employee.
Features of the employment contract of an individual entrepreneur and an employee
In agreement with the individual entrepreneur, the employee can start working even before the conclusion of the employment contract. In this case, on the basis of Article 67 of the Labor Code of the Russian Federation, the individual entrepreneur must draw up an employment contract with the employee within three days.
It should be borne in mind that the conclusion of an employment contract between an individual entrepreneur and an employee entails certain obligations to the state.
If an entrepreneur hires a person, then he must regularly pay contributions to the funds for him:
Pension Fund of Russia (PFR);
Compulsory Medical Insurance Fund (FOMS);
Social Insurance Fund (FSS).
In addition, in accordance with the norms of the current legislation, an individual entrepreneur who has employees is a tax agent, which means that he is obliged to pay personal income tax from the total income of an employee. Personal income tax in the amount of 13% is withheld from the employee's salary.
According to Article 57 "Content of the employment contract" of the Labor Code of the Russian Federation, the employment contract must contain the following mandatory details:
1. Full name of the employee and his passport data.
2. Full name of the employer, his TIN and passport details.
3. Date and place of conclusion of the employment contract.
4. Date and place of commencement of work. If an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another location, the location of the separate structural unit must be indicated in the contract.
5. Position, profession or specialty of the employee, in accordance with the staffing table. If for certain positions, professions or specialties there is a provision of compensations and benefits, or there are restrictions, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in the qualification reference books.
6. Obligations and rights of individual entrepreneurs and employees.
7. Characteristics of working conditions and compensation (benefits) for hard (harmful, dangerous) work.
8. Mode of work and rest.
9. Payment procedure (including allowances, bonuses and incentive payments).
10. Conditions that determine, if necessary, the nature of work - traveling, on the road, another nature of work.
11. Types and conditions of social insurance.
In addition to the above, additional conditions may be introduced into the employment contract that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts.
For example:
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.
Note that the employment contract between the individual entrepreneur and the employee is drawn up in two copies.
Article 65 of the Labor Code of the Russian Federation contains a list of documents for concluding an employment contract between an individual entrepreneur and an employee:
The passport;
employment history;
diploma (or other document confirming the qualification of a specialist);
military ID (for those liable for military service);
insurance certificate of state pension insurance.
Please note that in the place for signatures in the employment contract, you must indicate the full data of the individual entrepreneur and employee (according to the passport).
If the employee first goes to work, then in this case, both the work book and the insurance certificate are drawn up by the employer.
After concluding an employment contract with an employee, an individual entrepreneur needs to issue an order to hire a new employee and prepare documents for registration in the PFR and FSS funds. An entrepreneur as an employer must register no later than 10 days with the FSS and no later than 30 days with the FIU. In addition, the individual entrepreneur must familiarize the new employee with the internal regulations, local regulations and safety precautions.
Changes in 2017
Since 2017, micro-enterprises (organizations and individual entrepreneurs) have the right not to adopt local labor regulations if working conditions are stipulated in employment contracts concluded on the basis of a standard form. Such a norm of the law is contained in Article 309.2 of the Labor Code of the Russian Federation, which entered into force on 01/01/2017.
The standard labor contract for micro-enterprises was approved by Decree of the Government of the Russian Federation of August 27, 2016 N 858 "On the standard form of an employment contract ...".
You can independently check whether your individual entrepreneur or organization belongs to the number of micro-enterprises using the service on the official website of the Federal Tax Service.
Employment contract with the director of 2017
The general director of the company is the same employee with whom labor relations must be formalized. An employment contract with the director in 2017 is concluded on behalf of the employing company by authorized persons. The procedure for drawing up an employment contract with the head of the enterprise will be considered in the article.From the point of view of labor legislation, the head of an enterprise can be the same employee as his employees. But the employment contract with the director in 2017 has its own characteristics and it is important that it be drawn up in accordance with the requirements of the law. The article deals with the issues of registration of an employment contract with the head of the organization.
Employment contract with the director in 2017: features of legal regulation and signing of the document
Whatever the name of the person managing the organization - director, general director, president, head, it is the sole executive body and is appointed or elected to this position by the board of directors or the general meeting of participants.
The procedure for concluding an employment contract with the director of an enterprise is regulated by article 275 of the Labor Code of the Russian Federation, while the head is considered the same employee and the contract with him can be signed both for an indefinite period and for the period established by the organization's constituent documents or determined by agreement of the parties (part 1 of article 275 of the Labor Code of the Russian Federation).
When drawing up an employment contract with a director in 2017, the question arises of who will sign this document on the part of the employer, because the same person cannot simultaneously represent both sides of the agreement being concluded. Therefore, on behalf of the employer, the employment contract with the director in 2017 is signed by the chairman of the general meeting of shareholders or participants who appointed the head, or by another person - a member of the company authorized to sign the contract by the general meeting of participants (paragraph 2, clause 1, article 40 of Federal Law No. 14- FZ).
In the event that the appointment of a manager is the prerogative of the board of directors, the employment contract with the director in 2017 will have to be signed by the chairman of the board of directors or a person who will receive such powers by decision of the supervisory board (board of directors) of the company (clause 3, article 69 of the Federal Law No. 208-FZ).
If the enterprise is a unitary enterprise, the owner of its property signs an employment contract with the head on behalf of the organization (clause 7, clause 1, article 20 of Federal Law No. 161-FZ).
Employment contract with the CEO 2017
When concluding an employment contract with the CEO in 2017, one should be guided by the provisions of Chapter 43 of the Labor Code of the Russian Federation and special legislative acts that establish the features of the formation of executive bodies if the employer organization belongs to this category.
At the same time, Art. 273 of the Labor Code of the Russian Federation and the provisions of Chapter 43 of the Code, which regulates the labor activity of the head of an organization, apply to all heads of organizations of any organizational and legal forms and forms of ownership, excluding heads - sole founders and cases when the management of an enterprise is carried out under an agreement with another organization or a person exercising manager functions.
An employment contract with the CEO in 2017 can be concluded both after the appointment procedure, and after he has passed the competitive selection or he is elected to this position by voting. Appropriate preliminary procedures are established depending on the organizational and legal form of the enterprise, the condition for such procedures is the fact that they do not contradict the basic rights of the employee guaranteed by labor legislation.
Employment contract with the General Director of 2017, who is the only member of the company.
In accordance with the letter of Rostrud No. 177-6-1 and the letter of the Ministry of Health and Social Development of Russia No. 22-2-3199, an employment contract with the director, who is the only member of the company, is not concluded, since there is no one to sign it from the employer. The absence of employment contracts led to many problems, and, in particular, they arose in the payment of benefits on sick leave, but the law on social insurance was adjusted and now the payment of benefits for hospital heads of enterprises who are sole founders is recognized as an insured event.
Based on the results of judicial practice, it was confirmed that labor relations, as follows from the provisions of Article 16 of the Labor Code of the Russian Federation, arising as a result of the election or appointment of a director to a position, can be qualified as labor relations only if the basis for them is an employment contract.
In order to comply with the norms of labor law, we still recommend that such a leader draw up an employment contract. And, although formally this document will be signed by the same person, this does not mean that the manager signed the contract with himself. In this case, the parties signing the employment contract with the director 2017 are two different entities - the company-employer and the director-employee.
Fixed-term employment contract with the director 2017
The conclusion of a fixed-term employment contract with the director is the right, not the obligation of the employer. An employment contract with a director in 2017 can be concluded for a period specified in the company's statutory and constituent documents, as provided for by Article 59 of the Labor Code of the Russian Federation. This period may also be stipulated by the agreement of the parties. And in this case, it will not be a violation to carry out the established procedures that precede the conclusion of an employment contract with the head - he can be appointed or elected to the position, as well as take it by passing competitive events.
In the event that a fixed-term employment contract is concluded with the manager, and upon its completion, the employer did not formalize the dismissal of the manager, who continued to perform his labor duties, the employment contract with him is re-qualified for an indefinite one (part 4 of article 58 of the Labor Code of the Russian Federation).
Employment contract with LLC 2017
The head of the organization is the person who has the highest authority and responsibility in the management of the entire company. The main goal of the CEO is to manage the organization in accordance with all the standards established by the laws of the Russian Federation. In relation to labor law, a manager is an employee who performs managerial functions, bearing responsibility.Therefore, according to the Labor Code of the Russian Federation, it is necessary to conclude a labor agreement with him, which will be the basis for the onset of the work process in this position.
The sample of any contract with the CEO differs slightly from the document concluded with an ordinary employee of this company. A standard contract consists of standard clauses.
Employment contract with the general director of LLC
Each member of a joint-stock company OJSC or a limited liability company is required to go through the registration procedure. In order to conclude an agreement with the chief executive, it is necessary to identify the person who will sign the document.
The main points in such an agreement will be as follows:
Official data of the contract participants - personal data for the employee, name and details for the organization;
place and date of execution of the contract;
work schedule;
working conditions and location of the organization in which the employee will perform his duties;
official duties;
structural salary plan;
signatures of all participants in labor relations.
Properly contracting employees frees the organization from a number of problems, such as legal costs, violation of internal discipline, as well as additional labor inspection checks.
How to draw up an employment contract with the general director of an LLC?
The charter of the LLC states that the position of the head in the document should be spelled out as the general director, since he is the main representative of the organization and the only one who performs his tasks on behalf of his company and bears full responsibility. In the agreement with the manager, you can add information that relates to the probationary period. For managers, this period can be set up to 6 months.
In addition, you should carefully consider the item on wages. The management position is the highest paid, but the only caveat is that if the amount of payments exceeds 25% of the income of the organization's assets, then this agreement requires approval from higher authorities, in accordance with the laws of the Russian Federation.
Who signs the document?
Based on Art. 40 of the Federal Law “On Limited Liability Companies”, you should be aware that a contract on behalf of an LLC can be signed by a person who presides over a general meeting of LLC participants, where a single executive body is elected to perform these functions. In addition to it, one of the founders can sign the document by authorized decision of all participants.
Is an employment contract concluded with the general director if he is the founder?
The Labor Code allows you to conclude an agreement with the head of the LLC, if he also acts as its founder. Article 275 of the Labor Code of the Russian Federation states that an agreement can be concluded for a period established by agreement of the parties or in the constituent documents. An exception will be the case if the person managing the company is the sole founder, as stated in Art. 273 of the Labor Code of the Russian Federation.
All legal possibilities, conditions and tasks for the position of the head in the person of the founder must be spelled out in the contract and in the local act. Registration takes place in accordance with labor legislation.
A fixed-term contract with the General Director can be issued for a year or more, it is also possible to extend and work part-time.
Sample employment contract with the general director of an LLC with 2 founders
If the company has several founders, two or more, then a meeting is appointed at which the manager is elected. After the decision is made, an agreement is drawn up with the manager, which must be signed by one of the participants in the meeting - the chairman of the board. Next, you need an order, the basis for which will be the concluded contract. This order will serve as the actual confirmation of admission to the position. These are standard actions for hiring an employee.
Termination of the employment contract with the general director of LLC
To terminate the working relationship with the head, you must receive a written statement from him. The manager may terminate the contract ahead of time at his own request. Most often, the conclusion and termination is made by way of a general decision of all participants in the form of a vote. The issue of registration of the manager's work book is also resolved there. The contract is signed by an authorized person, for example, a deputy.
Payments upon termination of employment can be spelled out in the document itself. The minimum amount of payments corresponds to the size of 3 months' wages. Also, the employee performing managerial duties must be familiar with the clause of non-disclosure of commercial secrets and all the consequences of violating this clause.
Employment contract for an accountant 2017
The chief accountant, like any other employee of the enterprise, is an employee with whom it is required to establish an employment relationship. For this, an employment contract is concluded, which prescribes the procedure for the relationship between the employer and the employee in various aspects related to labor.An employment agreement is concluded with employees at the time of their employment, signing it by both parties means the establishment of certain obligations, rights and responsibilities for each. You can conclude an agreement for an indefinite period, when the chief accountant will work until his own desire to quit or until the grounds specified in the Labor Code of the Russian Federation occur. Also in the agreement, you can limit the period of validity by setting the moment of its termination. This is possible when the chief accountant is hired for the period of absence of the main permanent employee, for example, due to being on maternity leave, caring for a baby.
The requirements for drawing up an employment contract with the chief accountant are the same as with any other employee. The list of conditions subject to mandatory reflection in the content of the agreement is given in Article 57 of the Labor Code of the Russian Federation. Below is a free download of a possible sample contract, drawn up taking into account the mandatory requirements and features of work and the duties of the chief accountant.
Before signing the labor agreement proposed by the employer, the chief accountant should make sure that the following conditions are present in its content:
Full name of the chief accountant, name of the company where he will work;
passport details of the worker, his TIN;
details of the company and data of its representative indicating a document confirming the right to exercise the assigned powers (charter for the head, power of attorney or order for another employee);
the name of the place where the agreement was signed;
date of conclusion;
place of work - the name of the organization, the specific address where the workplace of the chief accountant will be located;
the duration of the probationary period, if it is established - for chief accountants, the maximum probationary period is 6 months;
labor-type functions for an employee (performance of duties prescribed for the position of chief accountant in accordance with the company's staffing table);
the moment the labor agreement enters into force;
the moment of termination of the contract, if the chief accountant is hired for a limited period;
the procedure and amount of payment (the composition of the salary of the chief accountant, the amount of salary, bonuses, compensation payments, all these points are determined by agreement of the parties in relation to non-state enterprises);
work schedule, rest mode;
conditions for the implementation of the labor function;
confirmation of the availability of social insurance (for sick leave, benefits and other social benefits);
other warranties provided by the company;
the obligation to non-disclosure of confidential information by the chief accountant and the establishment of liability for violation of this obligation, it is possible to additionally conclude a non-disclosure agreement;
establishment of liability in full.
The chief accountant needs to carefully study the content of the proposed employment contract before signing.
To conclude a contractual employment relationship, you need to receive from the chief accountant:
The passport;
work book;
SNILS;
document on the availability of education;
if there is a military duty - then a military ID;
certificate of criminal record and criminal prosecution (presence or absence).
There are increased requirements for the chief accountant, since this position is a managerial one, and therefore for some organizations (joint-stock, insurance, private pension funds and others) requirements have been established that a person applying for this position must meet. He must have a higher education, at least three years of experience in the profession, if he has an education in the field of accounting, if not, then at least five years, and not have a criminal record.
Hiring a part-time chief accountant
Sometimes an employee who is already employed on a permanent basis in another company is hired. In this case, he is accepted as a part-time worker and performs part-time work in his spare time. Despite this, in any case, it is necessary to conclude an employment contract with such an employee, and it must comply with all the conditions that are prescribed above.
The only difference between an employment contract with a part-time chief accountant will be an indication that the work is not the main one for the employee. That is, there should be a clear indication that the work is being done part-time. As a rule, this condition is prescribed in the first paragraph of the employment contract, which describes its subject.
Employment contract 2017 for micro-enterprises
Decree of the Government of the Russian Federation No. 858 of August 27, 2016 approved a standard form of an employment contract between an employee and an employer-manager of a microenterprise. From the beginning of 2017, it should be widely used to formalize working relationships. You can see a sample of a standard employment contract with an employee in our material.According to the Decree of the Government of the Russian Federation of 04.04.16 No. 265 and Art. 4 of the Federal Law No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation", organizations and individual entrepreneurs with an annual revenue or book value of assets of not more than 120 million rubles are considered micro-enterprises. The number of employees working in such companies should not exceed fifteen people.
What is a standard contract for?
Since the beginning of 2017, micro-enterprises have received the right not to use local regulations containing labor law norms in their work. The conditions specified in these documents, the employer must prescribe in a standard form of an employment contract for micro-enterprises. Information about this is enshrined in the Federal Law of 03.07.16 No. 348-FZ.
The contract, which will specify all the conditions of the working relationship, must be drawn up on the basis of a special form. This will provide flexibility in the regulation of relations between the employee and the employer, taking into account the scope of the organization. Also in this form, you can take into account the various features associated with the profession of an employee.
It can be marked:
Regulations on official duties;
working conditions of employees;
time of work and rest;
conditions of social insurance;
the procedure for making payments and bonuses;
information regarding the work of remote employees, etc.
The standard employment contract for micro-enterprises contains the rights and obligations of the employee (for example, free vocational training or the confirmation of the employee's qualifications at the expense of the enterprise). It should also specify the responsibilities of the employer.
It is expected that this measure will help to increase the level of protection of the rights of employees working in small companies.
Completed employment contract in 2017
The employment contract is included in the system of legal documentation of the enterprise, which streamlines the professional relations of the subjects - the subordinate and the employer. The regulatory framework of the federal level (primarily the Labor Code of the Russian Federation) and the internal documents of the organization itself on the performance of a labor function by an employee on the basis of a contract form a single set of title documents.In this system, the employment contract occupies a central position, since it:
Regulates the relationship and obligations of the parties, their functionality, rights, responsibilities;
establishes legal and socio-economic guarantees;
includes the mandatory terms of the employment contract.
Usually, when hiring personnel for vacancies, the HR department conducts preparations for the conclusion and execution of an employment contract.
The contract in question, in accordance with the provisions of Art. 67 of the Labor Code of the Russian Federation is concluded in writing, at least in 2 copies and certified by the signatures of the parties. One copy is given to the employee, and the other copy is placed in the employee's personal file and kept in a separate folder by the employer.
In case of violations with the execution of an employment agreement in parts 3 and 4 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation establishes measures of administrative influence. Up to large penalties for the enterprise - up to 100,000 rubles.
Therefore, the employer, whether a legal entity or an individual, is obliged to control:
The correctness of the procedure for concluding the main labor agreement (and its very existence!);
- compliance of its content with the requirements established by law (as the mandatory conditions of the employment contract are defined in it).
Thus, the document must include the mandatory information established by the Labor Code and all other legally significant positions that the parties agreed upon in the process of preparing for signing.
Decree of the Government of the Russian Federation of August 27, 2016 No. 858 introduced a standard form of an employment contract for small businesses (Article 309.2 of the Labor Code of the Russian Federation). It has been in force since January 1, 2017, simultaneously with the corresponding amendments to the Labor Code.
This average document is intended to:
1. optimize the personnel records management of small business owners;
2. introduce common standards for documentation on legal regulation of labor activity.
Since 2017, the employer is not obliged to accept internal regulations on certain labor issues. They will be replaced by the specified standard labor agreements, which already include all the mandatory terms of the employment contract and a number of additional conditions, issues of remuneration, social protection, etc.
Note that the innovation affects enterprises and merchants:
1. with the number of employees - no more than 15 people;
2. with an annual volume of financial receipts - no more than 120 million rubles.
For personnel hired after January 1, 2017, the new contract format is mandatory. And for previously hired employees, you will have to adjust the contracts with them through additional. agreements.
We also note that the conclusion of employment contracts with state and municipal employees is regulated by special federal laws. Therefore, the mandatory terms of the employment contract in 2017 for them may have their own characteristics.
The employment contract must comply with the requirements of Art. 57 of the Labor Code of the Russian Federation.
All its conditions can be divided into 3 categories:
1. without which it is impossible to do;
2. additional conditions;
3. details and data of the parties (employer and employee).
The composition of the mandatory conditions of the employment contract
In the introductory part of the document, general information about the employer and the applicant is given (name of organization / individual entrepreneur, full name of the head and employee).
Detailed contact information about the employer (in the form of TIN, location information, etc.) and passport data, information about the place of residence (registration) of the employee are indicated on the final page of the document.
Keep in mind: the mandatory terms of the employment contract in 2017 are included in the relevant section of the contract.
These are the following positions:
Indication of the locality where the signing took place (place of imprisonment);
date of certification of the contract by the signatures of the parties;
information about the employer and employee, indicating the surnames and full initials, the name of the enterprise according to the charter;
place of work (subdivision/branch/main or additional office, etc.) indicating the address (if located in another area);
labor function (position or profession specifying the type of work performed);
date of employment;
a mark in the fixed-term contract of the date of its beginning and end;
conditions and procedure for remuneration;
working conditions at the workplace in accordance with labor protection requirements;
item about compulsory insurance of workers (FSS);
information about the representative of the employer, whose job responsibilities include the authority to sign employment contracts on behalf of the enterprise (as a general rule, they are concluded by the employer himself, but this authority can be assigned to a specific employee, for example, the personnel department).
Thus, the mandatory terms of an employment contract are determined by the legally significant actions of the employer to create working conditions that meet all the requirements of the current legislation of the Russian Federation.
If necessary, the contract includes other mandatory conditions:
Warranties and compensations for those working in harmful (or dangerous) conditions;
regarding the fact that employment is not the main one;
that work is not just about sitting in the office.
When signing an employment contract with a specific person with the mandatory conditions for concluding an employment contract, the employer usually agrees with him additional conditions in advance, which are also reflected in the text of the document.
Part-time employment contract 2017
A part-time employment contract 2017 is one of the types of contract with an employee. A part-time employee is an employee who has another (main) job, but who is ready to perform additional labor duties - in the same or another organization.Compatibility is of two types:
External - when a person has a second job in another company;
internal - when a person works in the same company, combining several positions.
Issues of part-time work are regulated by Chapter 44 of the Labor Code of the Russian Federation.
Part-time worker: restrictions and conditions in the contract
Features of such an entity as part-time employment are necessarily reflected in the employment contract. It must be concluded in writing and in two copies - one is given to the person, the second is stored in the personnel department of the organization.
These features are:
Firstly, part-time work is a regular and paid job, and a separate employment contract is concluded with the employee. The contract must clearly state that it is concluded with a part-time partner.
Secondly, there are restrictions on working hours. It cannot take more than half of the working day of an employee for whom similar work is the main one. That is - no more than 4 hours a day with a standard working day, no more than half the norm of hours per month, if it is shift work. The exception is shifts (days) when a person is free from the main job - on such days he can be a full-time part-time worker.
Thirdly, the wage system for such workers is built on the same principles as for the rest, but adjusted for the number of working hours. They are guaranteed by law all the allowances and concessions established for different categories of beneficiaries. So in terms of social protection, the company is obliged to pay part-time workers the same attention as all other employees. This applies to sick leave, labor protection, the bonus system and other points that are established both in the laws of Russia and in local documents of a particular company.
Fourthly, such employees have the right to leave. Moreover, this leave must be granted to them simultaneously with the leave at their other, main, job. It does not depend on the vacation schedule in the company, nor on the specific seasonal need for such an employee. And even if the part-time worker has not worked for another 6 months, he must be granted vacation in parallel with the main job in advance.
And finally, a child under the age of 18 cannot become a part-time worker.
The contract must contain the following information and conditions:
1. Information about the employee (last name, first name, patronymic, passport data).
2. Information about the employer (company name, details).
3. Date and place where the contract was concluded. Usually, only the city is indicated as a place.
4. Place of performance of the employee's work duties (place of work).
5. Obligations of the employee according to the agreement between him and the employer.
6. Information about the working day (start and end time, time and duration of the lunch break, etc.).
7. Date of commencement of employment relationship. It usually coincides with the date of the contract.
8. Information about wages: its size, formation rules and other conditions. It must be remembered that the salary of an employee under the contract must always be equal to the regional minimum wage - or rather, it has no right to be lower than this standard. But only for a full-time job - for a full-time job.
9. That is, for a part-time worker, it is necessary to start from half the minimum wage (in case the part-time worker works half of the standard working time).
10. Working conditions - including an indication of harmful or dangerous working conditions and compensation for them.
11. Responsibilities of a newly minted employee and employer.
12. Duration of the contract - for fixed-term contracts. It must be remembered that the contract with a part-time worker can be both urgent and indefinite. The conditions for concluding fixed-term contracts are strictly specified in the Labor Code and apply equally to regular work and part-time work.
For a part-time worker, a record of work is not entered in the work book.
Employment contract with the seller in 2017
The standard form of an employment contract involves its preparation in writing and necessarily in two copies - one for each of the parties. The document will be considered valid only if it contains the signatures of both parties, as well as the seal of the employer.The terms of an employment contract cannot restrict the legal rights of either party.
As for the age of the seller, its minimum limit is fourteen calendar years, but subject to the written permission of his parents for employment. This rule applies to persons until they reach the age of sixteen. At the same time, they can work as a seller only part-time and in their free time from study.
An employment contract of this type is subject to mandatory registration with the Social Insurance Fund and the Pension Fund.
Before signing the document, the parties must discuss all the conditions for employment. In order to avoid disputes during the work process, the potential seller is also advised to thoroughly study the text of the contract, and not blindly sign it.
Structure and content of the contract
An employment contract is a unified document that defines all the functional duties of the seller, his work schedule, liability, etc. As a rule, it is not necessary to draw up other agreements.
General rules for drawing up employment contracts apply to trade employees. Differences may arise depending on the responsibilities assigned to the seller.
The structure of the employment contract:
Name of the document, date and place of its preparation, details of the employer and passport details of the person applying for the position of the seller;
subject of the contract. This indicates the name of the store in which the seller will work, the exact name of his position (seller, salesman-cashier, sales assistant, etc.), and also whether this place of work is the main one or part-time;
term of the contract (Article 58 of the Labor Code of the Russian Federation). As a rule, the document is concluded for an indefinite period, indicating the date of the crime to the performance of duties. If a probationary period is provided, its duration shall be indicated. In some cases, the seller is hired for a short period due to the absence of the main employee for good reasons. In this case, the contract is urgent (Article 59 of the Labor Code of the Russian Federation) and is concluded for a certain period with the possibility of its extension;
the rights and obligations of the employee;
the rights and obligations of the employer;
guarantees and compensations that are due to the seller in accordance with applicable law;
mode of work and rest of the employed person. Here the work schedule of the seller, the amount of wages and the procedure for its payment, as well as the procedure for granting holidays are determined;
types and conditions of social insurance;
liability of the parties in case of failure to comply with the terms of the contract;
contract time;
final provisions. It determines the procedure for resolving disputes, the procedure for making changes, and also provides information on the number of signed copies;
details of the parties and their signatures.
The position of the seller in a "pure" form is extremely rare, so the contract must specify the requirements that a person applying for a job must meet.
At the request of the employee, a clause may be included in the contract prohibiting the employer from demanding the performance of duties that are not indicated by the terms of this document.
Entry into force of the employment contract with the seller
The contract acquires full legal force from the moment of its signing or from the moment of the seller's crime to the fulfillment of the obligations assigned to him, unless otherwise provided by the terms of this document.
If the contract does not specify when the employee must go to work, he must do this the next day from the date of signing this document.
If the seller has not started his work within the specified time, the employer has the right to cancel such an agreement. All legal consequences resulting from its signing are automatically annulled.
Employment contract with a driver in 2017
A sample employment contract with a driver is somewhat different from those forms that are used to formalize relations with other specialists. The reason is the peculiarities of the work of this employee, which must be prescribed in the contract.According to Art. 57 of the Labor Code of the Russian Federation, if the work is of a special nature, then the conditions that determine its implementation should become mandatory in the contract with the employer. Therefore, in the agreement with the driver, the traditional sections are filled out in more detail.
In particular, when indicating the place of work, it is necessary to enter not only data on the actual location of the employing organization, but also information about the vehicle that the employee will drive. In addition, it should be clarified that this work is of a traveling nature, therefore, a specific regime of rest and work is established, taking into account industry agreements and approved regulations.
As for remuneration, due to the traveling nature of the employment contract with the bus driver (we will give a sample in this article), it is necessary to describe the conditions for bonuses and payments for working overtime, on weekends and / or holidays. At the same time, they prescribe the amount and procedure for reimbursement of expenses associated with traveling, for example, for food or accommodation.
Particular attention to the section on the duties of the driver. It is necessary to indicate the most important of them, and the rest can be skipped, limited to the wording that the employee is familiar with and undertakes to comply with the job description. At the same time, it is undesirable to make the instruction itself an annex to the contract, otherwise, due to any amendments to it, it will be necessary to sign additional agreements.
Additional conditions may be included in a sample employment contract with a truck driver. Depending on the type of vehicle being driven and the cargo being transported, the employer has the right to include material and administrative liability of the employee in the contract.
In particular, it is the employee who is responsible for violating traffic rules and is held liable for accidents, he is responsible for the safety of the car itself, and if goods are transported, then for the quality of delivery. To assign full or partial responsibility, the employer determines independently.
Additional agreement to the employment contract in 2017
An additional agreement can be drawn up for a variety of reasons:Changes in wages, working hours, working conditions;
transfer to another position;
promotion, etc.
Also, an agreement should be drawn up in cases where the name of the organization has changed, its legal address has changed, or the current main employment contract has expired.
Thus, all changes that relate to the functions, rights, powers of the employee and the employer, as well as all changes related to the organization itself, must be recorded in an additional agreement to the employment contract.
New employment contract or Agreement
Some employees mistakenly believe that in order to change the working conditions of their current employer, it is necessary to conclude another employment contract. This is not true. The fact is that in order to draw up a new employment contract with an employee already enrolled in the state, it is necessary to break the old one. And this is not advisable, because, in addition to the actual termination of the contract, this entails additional difficulties: the employee’s length of service is interrupted, in fact, a dismissal occurs, which in turn leads to the need to make appropriate entries in his personal file, personnel documents, work book.
That is why the legislation has provided an opportunity for the management of enterprises and organizations to form additional agreements that become an integral part of existing employment contracts.
The essence of the additional agreement
If the employment contract has the character of the main document and establishes the fact of labor relations between the employee of the enterprise and his employer, their period, conditions, features and other parameters, then the supplementary agreement is the attached document.
Usually, an additional agreement certifies the fact that agreement has been reached between the employee and the employer on only one or two amended clauses of the main contract, completely canceling their previous version and putting a new one into effect.
Once an agreement is signed, as discussed above, it is considered part of the contract. I must say that several additional agreements can be made to one employment contract.
Additions, changes or reductions
Changes included in the employment contract by drawing up an additional agreement can either increase the number of clauses of the main contract, change their content, or reduce their number:
If new articles are introduced into the employment contract, in addition. agreement, it is necessary to prescribe them in all details and indicate the date from which they begin to operate.
If we are talking about changes, then it should be added to the add. agreement, the version of the corrected clause that has lost its relevance and enter a new one.
If the parties have agreed that some sections or clauses of the main employment contract are no longer necessary, it is necessary to certify in the add. mutual renunciation of them, noting the date from which they cease to be valid.
Responsibility for violation or non-performance of an additional agreement
The formation of additional agreements should be treated as carefully and seriously as the conclusion of the main employment contract. The consequences of their violation or non-fulfillment for employees and employers are exactly the same - administrative punishment (in the form of fines), disciplinary sanctions, or even (in especially serious cases) criminal prosecution.
Is it possible to form an additional agreement without the consent of the employee
The very title of the document contains the answer to this question. The agreement implies a bilateral nature of relations and means that the parties have come to a mutual, voluntary and complete agreement on any issue.
Based on this, it is unacceptable to make an agreement unilaterally - it simply will not be considered legal.
Who forms additional agreements
Usually, the responsibility for the formation of additional agreements to employment contracts lies either with the legal adviser of the organization, or with the specialist / head of the personnel department. In any case, this should be an employee who has an idea of how to draw up such documents and is well acquainted with the civil and labor legislation of the Russian Federation.
After writing, the additional agreement must be endorsed by the head of the company - without his autograph, it will not receive the status of a legal document.
How to draw up an additional agreement
To draw up an additional agreement to an employment contract, the law of the Russian Federation does not provide for filling out any single unified form, so you can write it based on your own idea of \u200b\u200bthe document and needs, or, if the enterprise has a document template developed and approved, according to its model. It is important to observe only two basic rules: the form in its structure must meet generally accepted standards of personnel records management, and in the text include a number of mandatory data.
The header says:
Name of the document and its number;
the number and date of the employment contract to which this supplementary agreement refers;
place, date of conclusion of the agreement itself.
Name of the employing organization;
position, surname-name-patronymic of the head;
information about the employee (position, last name, first name, patronymic, passport data).
Then, point by point, it is prescribed what changes are made to the employment contract with the help of this agreement. If we are talking about wages, then it should be indicated both in numbers and in words.
Further, it should be noted that the part of the employment contract not affected by the text of this document remains unchanged, write the date the agreement comes into force, and also certify the fact that the parties came to an agreement voluntarily.
If there are any additional papers that one of the parties wants to attach to the agreement, they must also be included in the form as a separate item.
How to draw up an agreement
There are no special criteria for the execution of the agreement, as well as for its text: it can be written on a regular blank sheet of any convenient format or on the company's letterhead, by hand or printed on a computer.
It is strictly required to comply with only one condition: the additional agreement must have "live" signatures of both parties.
If the employing organization uses stamped products in its work to endorse documentation, then the agreement form must be stamped.
The document must be generated in two identical copies - one of them remains with the employer, the second is transferred to the employee.
Where the additional agreement is fixed, the conditions and period of its storage
A properly formed and endorsed supplementary agreement should be recorded in the register of employment contracts and supplementary agreements to them.
After the document goes through all the stages of registration, it is transferred for storage to the personnel department of the enterprise, where the entire period of the employee's work in the organization lies in a separate folder, along with the main employment contract.
After the dismissal of an employee, it can be transferred to the archive of the enterprise, where it must contain the period established for such documents by local regulatory legal acts of the company or the legislation of the Russian Federation.
After signing the agreement, the parties have mutual rights and obligations, which they must strictly observe. According to him, the citizen undertakes to work and obey the working order in force in the organization, and the employer undertakes to provide the citizen with the work stipulated by the document and pay wages on time.
Before concluding an employment contract, the employer is obliged to familiarize the future employee with the local regulations of the organization, job description, working hours, terms of remuneration. After that, the completed contract forms are signed, an order is issued to hire a person and an appropriate entry is made in his work book.
Sample employment contract with an employee (2019)
Employment contract, form
The meaning of the employment contract
According to Art. 37 of the Constitution of the Russian Federation, each citizen can independently choose his occupation and specialty. Work must be carried out in conditions that do not contradict the requirements of safety and hygiene. And the remuneration must be paid by the employer on time and in full twice a month.
The contract, completed and signed by the parties, is a fundamental legal fact that determines the emergence, change and termination of service relations between the employer and the employee. It establishes the legal relationship between the worker and the employer and is a set of legal norms that regulate the service relations between the parties who signed the document. A sample employment contract with an employee in 2019 can be downloaded in our article.
It is necessary to distinguish an employment contract from contracts of a civil law nature (contract, copyright, performance of a certain type of work). Despite their similarities, they differ in the following ways:
- the subject of the employment contract is the work of the employee. The subject of civil law contracts is already the end result (book, painting, project);
- an employment contract involves the personal performance of work, it cannot be redirected to another contractor. In civil law, this obligation must be fixed in the text of the document itself;
- under an employment contract, the employee must obey the internal regulations in the organization. There is no such obligation in civil law;
- under an employment contract, the employer must create normal and safe working conditions. Under civil law, the employee independently organizes his workplace.
Types of employment contracts
Most often, an employment contract with employees (a completed sample can be viewed in our material) is concluded for an indefinite period of time, that is, it does not specify the duration of the document. But in some cases, it may set time limits depending on the nature of the work or the conditions in which it will be performed. Such cases are considered in Part 1 of Article 59 of the Labor Code of the Russian Federation.
By validity period:
- imprisoned for an indefinite period;
- concluded for a fixed period (no more than 5 years).
It should be noted that a fixed-term employment contract may become indefinite. If, after the expiration of the time specified in it, the employee continues to work, the document loses its urgency and is considered concluded for an indefinite period. In this case, a new, unlimited, contract can not be drawn up.
At the same time, an open-ended contract can become fixed-term, but this must be justified by clauses Art. 59 Labor Code of the Russian Federation. To switch, you need to terminate the previous one and conclude a new contract for a certain period.
By the nature of the working relationship:
- according to the main place of employment;
- at work part-time (part-time work is impossible without the conclusion of an employment contract, this is the main condition for this type of employment);
- temporary work (if the nature of the work requires it to be completed in less than 2 months. It can also be when replacing an employee who is on sick leave);
- short term contract;
- with seasonal workers;
- with employees working from home;
- about the state (municipal) service.
It must be borne in mind that labor legislation and other legal acts related to labor relations do not apply to certain categories of citizens, provided that they are not employers or their representatives:
- military personnel in the performance of their military duties;
- persons working on the basis of civil law contracts;
- other persons established by the Federal Law ( Art. 11 Labor Code of the Russian Federation).
By type of employer:
- agreements concluded with organizations - legal entities and individual entrepreneurs;
- contract with an individual. In this case, the employer is an individual without registration of IP. Most often, such employers conclude a contract with service personnel.
Sample employment contract (2019)
Depending on the legal status of the employee:
- signed with minor citizens;
- prisoners with persons who perform family duties;
- issued with foreigners;
- signed with stateless persons.
According to the nature of working conditions, the division is as follows:
- under normal working conditions;
- taking into account employment at night;
- prisoners with citizens working in the regions of the Far North and in the territories equated to them;
- in hazardous work conditions.
Types of employment contract depending on the amount of work performed:
- about the main work;
- about part-time work.
In the first case, the employee works full-time for the employer all day. This is where he keeps his workbook.
In the second, a person works in his spare time from his main job. Such work cannot last more than four hours a day. The document signed with the employee indicates that the work performed is precisely part-time work. Such a document can be concluded both at the main place of employment, and with another employer. At the same time, it is possible to conclude contracts for part-time work with an unlimited number of employers, with the exception of exceptions established by the legislation of the Russian Federation.
It is not allowed to conclude part-time contracts with persons under 18 years of age, as well as with those whose main work is classified as difficult or performed in hazardous working conditions, if part-time employment implies the same characteristics.
Of particular note are the contracts concluded with senior employees. When compiling them, there are some features, in comparison with other categories of workers, which need to be paid special attention.
Form of employment contract
Let's answer the question: in what form is the contract concluded? For this, it is used, approved by Decree of the Government of the Russian Federation No. 858 of 08/27/2016.
The employment contract of 2019 (a sample can be downloaded in our article) is drawn up in writing in two copies. Each copy is signed by the director and employee. One is transferred to the employee, the second is kept by the employer. As a sign of receipt of a copy, the employee must put a personal signature on a document kept by the employer.
If the employee started work with the knowledge of the employer, the contract is considered concluded, even if it was not executed in writing. Despite this, the document should be drawn up and signed within three days. The form of an employment contract with an employee (2019) can be downloaded for free in our material.
Also, for some professions, an employment contract form can be downloaded at the end of the article.
Parties to the employment contract
The parties are the employee and the employer.
An employee is an individual who is at least 16 years old. The law does not prohibit the signing of a contract with 14-year-olds. But some conditions must be met:
- work should be easy;
- not disrupt the learning process;
- the presence of the consent of the official representative, most often they are the parents of a teenager.
If a young child is needed, for example, for a role in a movie or theater, then in addition to the previous conditions, there must be the consent of the guardianship authorities. As well as proof that the work will not cause physical or psychological and moral harm to the child.
The employer is a legal or natural person who is not prohibited from entering into employment contracts.
Employment contract with a forwarding driver
Since we are talking about an employer-individual, the standard sample of an employment contract between an individual entrepreneur and an employee must include his full data:
information about the identity document;
details of the certificate of registration as an individual entrepreneur;
location address.
If the contract is concluded not by the entrepreneur himself, but by an employee hired for this or otherwise authorized person, his data is additionally indicated in the document.
Place and working conditions
The form of an employment contract between an individual entrepreneur and an employee must contain a section describing the place of work and the requirements for its implementation. Lawyers recommend detailing all the duties of an employee. But you can limit yourself to the phrase that before the conclusion of the contract, the employee was familiarized with the job descriptions against signature, additionally reflecting this fact in the agreement itself.
As for the section on the place of employment, the wording “Place of work: IP Ivanova A.A., registered at Moscow, st. Puteyskaya, 3. And you can prescribe a specific address of the production or store where the person will work. The fact is that labor legislation separates the concepts of “place of work” and “workplace” (Article 209 of the Labor Code of the Russian Federation). The first is a mandatory condition of the agreement, and the second is an additional one that you can do without. At the same time, it must be remembered that if you specify a specific address of a production or store, and later it changes, you will have to conclude additional agreements for all contracts.