Employment contract with an employee. Mandatory terms of an employment contract

An employment contract is a special agreement that is concluded in the case of registration for work, with the consent of the employer. The employment contract specifies the range of obligations of the employee, the amount of salary, rights and obligations.

This document is mandatory as confirmation of cooperation.

Such an agreement is drawn up in several copies, which are fixed by the signatures of the parties, as well as with the help of the seal of the company providing employment.

A document is concluded with a person who has reached the age of 16.

But there are other options:

• if, by agreement, work is assigned that does not pose a threat to health, then a child of 15 years old has the right to sign the document, and with the consent of the parents - 14 years old;
• an employment contract for creative activity can be concluded with a child of any age, but only with the consent of the parents.

It is necessary to carefully control the drafting of an employment agreement, since certain conditions provided by the organization may be unacceptable to the employee.

Form of employment contract for 2019

Drawing up a contract is a procedure that requires special concentration of attention. In case of disputes, this document will be the main evidence that the claims of one of the parties are absolutely justified.

Therefore, the document must be drawn up correctly, and all the conditions of both parties are fully spelled out and legally certified.

The document must contain the following details:

1. Surname, name and patronymic of the person and the employer, confirmation of the identity of the employee.
2. The date at the time of signing the document, the place where the agreement is concluded.
3. The duties of the employee, namely: his workplace, work schedule, as well as requirements for the employee.
4. Career start date.
5. Guarantees for the provision of certain services under hazardous or harmful working conditions.
6. The size of the salary.

When drawing up a contract, it is imperative to check the document for the presence of illegal conditions or violations of human rights. The name of the company, as well as its details, must be written in full.

Sample employment contract with an employee for 2019

In 2018, the contract is drawn up in two copies, one is with the employing person. It must contain the employee's signature confirming that he has a second copy of the document.

When drawing up an agreement, it is important to focus on the following aspects:

1. Be sure to pay attention to the section of rights and obligations, since any minor detail in the design can lead to bad consequences.
2. Also in the contract it is necessary to describe the working conditions that are not general, that is, specific, if any.

Drawing up a standard employment contract in 2019

When drawing up an employment agreement, there are no mandatory forms. Although usually the organization providing the job has its own template, which is filled in by the employee.

A person is considered an employee of an enterprise when he puts his signature on the corresponding section of the document. After that, the enterprise enters information into the work book of a person, and also prints an order on his appointment.

The employee begins his duties from the date specified in the contract. If the date is not specified, then the official date of entry to work is the next day after the signing of the forms. If this condition is violated, the employment contract is cancelled.

The employee is also required to provide the company with the following documents:

1. The passport.
2. Labor book.
3. Insurance document.
4. Military ID (if any).
5. Diploma of education, as well as documents confirming qualifications.
6. Certificate of non-conviction (if required).

The company has no right to demand any other documents.

Mandatory clauses of the 2019 employment contract

Some clauses of the employment agreement are required to be entered into the document, with the exception of details that are legally certified and confirmed by special documents. All these conditions are detailed in the table:

Contract clause	Description
Place of work	In the case of employment in a branch - the name of the parent unit, its location.
Wage	Detailed conditions of accrual and amount of wages.
specific type of activity.	The full requirements of the organization for the level of education of the employee, as well as an indication of the full requirements that are provided to the employee.
Working mode	A full description of the time that the employee must spend on the performance of duties, and the time allocated to him for rest (if the regime is different from the generally accepted one).
Special conditions	Safety guarantees and additional rights in case of dangerous and harmful working conditions.
Working conditions	Description of the working conditions of the workplace.
The special nature of the work	Description of the employee's responsibilities, for example, the need for business trips.
Insurance	A legal description of the employee's compulsory insurance.

The labor document may prescribe additional conditions provided by the organization, if they do not violate human rights.

Types of employment contract

There are three types of employment contracts:

1. Perpetual - an agreement that does not take into account the terms.
   The principle of its compilation is described in detail above.
2. A part-time contract is a special type of agreement when an employee is assigned to a certain place, and free time is able to devote additional earnings.
3. Urgent contract.
   It is necessary to dwell on it in more detail, since this species has its own characteristics.

Fixed term contract

is an agreement between an employee and an employer for a specified period of time. The document is concluded under the following circumstances.

If the job is temporary or seasonal:

1. an employee is hired for the duration of the legal absence of the main employee;
2. internship work;
3. if the position allows the selection of an employee for a certain period.

The nuance of a fixed-term contract is an indication of the end date of cooperation, as well as an indication of the reasons for drawing up a fixed-term contract.

An urgent document in the form of filling does not differ from an open-ended one, but it must contain a clause in which the start and end dates of the document are indicated.

There are also two features of drawing up a fixed-term contract regarding the probationary period:

• a contract for a period of not more than two months should not have a probationary period by law;
• in other situations, the probation period does not exceed 14 days.

Find out when you can conclude a fixed-term employment contract from the video.

Employment contract of an individual entrepreneur with an employee

All relations between the employer and his employee are regulated by the labor code of the Russian Federation. In such a situation, there is practically no difference between the party hiring the employee, whether it be an individual entrepreneur or a huge corporation. After all, it is also important for an individual entrepreneur to formalize all relationships within the framework of the law, create the necessary conditions for labor activity and continue to comply with them.

According to the established legislation in the Labor Code of the Russian Federation, an individual entrepreneur has the right to hire employees by drawing up two types of contracts. Accordingly, this is an employment contract with an individual entrepreneur and civil law. Employers turn to the second type only when there is a need to perform one-time work. But, at the same time, with the help of it, it is possible to issue an employee whose specific work does not require compliance with the established temporary work schedule, but with the accepted rules of the organization's routine. The civil law contract is divided into three types: a contract contract, the provision of services and an author's order. In turn, the employment contract itself will be drawn up with an employee applying for the main job, so he will be provided with a social package.

Unscrupulous individual entrepreneurs quite often resort to the practice of drawing up a work contract with an employee applying for a permanent job. At the same time, at the legislative level, if he signed this agreement, in the event of his illness or vacation, he will not be paid any funds. The employee himself, due to his ignorance, will regularly perform his duties, which are subject to the main labor contract.

As already noted, this is a fairly common practice, since it allows you to save money, and in addition, it makes it possible to dismiss an employee if he does not suit the employer with something. However, if the employee himself is at least a little legislatively literate, then he can file a written complaint with the labor inspectorate, which will subsequently turn into big problems for such an individual entrepreneur. Also, in the event of the start of an audit, the employer will have to prove his justification for choosing one or another type of contract.

If an individual entrepreneur wants to hire an employee for a period of up to three calendar months, then the conclusion of the employment contract itself will not be mandatory. However, if they still resort to it, then it is possible to reflect the clause on the probationary period with the necessary time interval. Moreover, such an agreement can subsequently be terminated upon notification of the employee three days in advance. During this period of time, the employer will have to make all financial contributions to social funds and pay compensation to the employee for unused vacation.

Employment contract of individual entrepreneur with the seller

One of the important indicators of a profitable business is a well-selected qualified staff. If the activity is related to sales, then the seller is considered the main person on whom the income of the entrepreneur depends. But choosing the right staff is not the main thing, it still needs to be formalized.

Employment contract for a trial period

Any manager of an enterprise has the right to individually decide whether or not to establish a probationary period. But if such a period is established, it must be formalized by an official document - an employment contract. In which a prerequisite is a clear indication of the duration of the test, wages and other social issues. These details must be legally correct.

According to the legislation of the Russian Federation, the trial period is not intended for:

• persons under the age of majority;
• pregnant women;
• women who bring up children up to one and a half years;
• persons settled in the organization by competition;
• persons transferred from one specialty to another within the same company.

Registration of an applicant with a trial period takes place on equal terms and conditions with employees who are accepted for production without a trial period. Such applicants must provide to the personnel department of the enterprise:

When hiring with a trial period, it is necessary to issue an order in which all the nuances will be recorded. Next, the employer needs to prescribe specific criteria according to which the newcomer will be evaluated at the workplace. Such a negative assessment immediately in the future will be proof that the new employee could not pass the probationary period.

If an employee was absent from work during the probationary period for a good reason, the employer may extend the probation for the number of days that this employee missed.

Dismissal during the test at the enterprise

Termination of the employment contract during the verification of the applicant may occur on the initiative of:

• employer;
• worker.

In the first case, the termination of the contract often occurs due to the low qualification that the employee showed during the probationary period. Thus, the head of the company has the right to dismiss such a subordinate at the time of the audit, or after it is completed. But, for such an action, the director of the institution needs to document the illiteracy of this employee, since the dismissed employee can appeal against unconfirmed facts in judicial institutions.

And if the judiciary recognizes him as the injured party, then the employer will be obliged to take the dismissed employee to his original place, but without any preliminary checks.

In addition to illiteracy and low qualifications of an employee, an employer may terminate an employment contract with him due to:

• absenteeism (which is not confirmed by any document);
• sloppiness;
• violations of internal labor regulations.

The dismissal of a non-recommended employee will be legally competent if the head of the company notifies him in writing against signature three days before the actual calculation, or before the end of the test. Such notice must indicate the reason for dismissal with reference to the paragraph or article of the violated legislation.

Termination of an employment contract at the initiative of a subordinate is a legitimate action, and most often occurs through the fault of the employer. In order to resign of their own free will, an employee of the organization must write a letter of resignation, in which it is absolutely not necessary to indicate the reason for the dismissal.

In case of dismissal of his own free will during or at the end of the probationary period, the head legally has the right to demand working off from the subordinate. The term of which is two weeks. This feature is usually determined by agreement between the two interested parties, but if this does not happen, this issue is resolved with the help of legislative acts and lawyers.

Employment contract with chief accountant

The legislation of the Russian Federation does not provide for the rules for compiling this document.

The organization can independently develop its own form or use a sample of industry standards.

• According to the legislation, the contract with the candidate for the position of chief accountant is signed for an indefinite period.
• But it is allowed to draw up a fixed-term employment contract.
• Its term shall not exceed five years.
• It cannot be extended for the same period.
• When a fixed-term contract is renewed, it becomes indefinite.
• To conclude an agreement with an accountant for another five years, you must first dismiss him, and then conclude a new agreement.
• At the same time, management is obliged to notify in advance in writing about the upcoming dismissal, but no later than three days before the upcoming dismissal.
• The trial period is prescribed in it and should not exceed six months and depends on the duration of the contract.
• When employed for six months, the probationary period should not exceed two months.
• Absence from work due to illness is not included in the probationary period.

The list of rights and obligations of the chief accountant should be given in the job description of the organization and reflected in the contract. The basis is the Qualification Directory of positions of managers and employees, which is advisory in nature. The contract should clearly state that the chief accountant reports to the head of the enterprise.
The responsibility of the chief accountant for accounting is also fixed in the employment contract, unless otherwise provided by the internal regulations of the organization.
Separately, we pay attention to the fact that the chief accountant should not have dual subordination (director and financial director at the same time).
A clause on trade secrets and its non-disclosure must be written in the employment contract.
The head is obliged to additionally familiarize, under the signature of the new chief accountant, with a list of information subject to non-disclosure and liability for information leakage.
A liability clause can be written into the contract.

The employment contract with the chief accountant contains the following main points:

• general provisions;
• rights and obligations of an employee;
• rights and obligations of the head;
• wages, social guarantees;
• time of work and rest;
• the responsibility of the parties;
• terms of termination of the contract;
• final provisions.

In the section "General Provisions" the duration of the contract and the probationary period, the place of work and working conditions, the beginning of work are prescribed.

In the section “Rights and obligations of an employee”, the right of an employee to observe working conditions and pay is specified in detail.

The duties of the chief accountant for organizing the work of the accounting department, if any, maintaining accounting, etc.

The section "Rights and duties of the manager" provides the responsibilities of the management to provide the employee with the opportunity to perform their production functions.

The sections “Payment…” and “Hours of work…” contain information on wages, the procedure for paying wages, incentives for work, work schedule and vacation duration.

Separately, if necessary, a clause on irregular working hours and incentives for irregular hours is prescribed.

In the "Responsibility of the parties" section, a clause is introduced on the material liability of the chief accountant with legal liability.

Employment contract with a driver: form and sample

The most important point in drawing up an employment contract is the place of work, since the driver does not have a specific place to perform work, since he is constantly on the road.
You can also simply specify the object (transport) on which the driver works.
The work schedule is considered to be quite important: it is also highlighted in the contract.
All the nuances that may arise should be indicated, since the driver is an unpredictable profession.
This is done so that later there will be no conflicts.
On a separate sheet, it is worth considering independent property liability.
This applies to all drivers, including freight forwarders.
To the latter, on a larger scale, since responsibility arises not only for transport, but also for cargo.
This confirms the civil code of the Russian Federation: "The forwarding driver must be responsible for the cargo that is being transported."
The code also says that he still has to transfer everything according to the documents to the customer.

Most importantly, there must be two copies of the contract, one will be with the driver, the other with the employer.

Both the driver and the employer can terminate the contract.

Let's consider both cases:

1. The driver has every right to terminate the contract, but at the same time notifying the director of the company or the one who hired him in writing. Reasons for leaving are often included in the statement, but this is usually not required. It is also worth remembering that after applying for dismissal, the employee must work for some more time. So, before the term of dismissal, he can still pick up the document and continue to work in the company;
2. The employer has the right to dismiss his employee in such cases: first, if the company has problems in the market and does not have enough funds to pay for another specialist, second, if the specialist does not cope with direct duties, third, if the employee had a lot of warnings, etc. But in all of the above cases, the employer is obliged to pay that part of the salary that was worked out. Otherwise, legal authorities may be involved in this case.

When the deadline expires, the employee, in this case the driver, must come to the director of the company and demand from him that he issue a work book and other documents that should belong to you, which you gave earlier to the director.

Changing the employment contract - what you need to remember

Article 57 of the Labor Code of the Russian Federation lists the main conditions without which it is impossible to change an employment contract - if they are violated, all actions can be challenged in court. But if both parties have a desire to make their own changes, you can change any provision of the contract - if one of the parties forces the other (it often happens that the employer does this in relation to its employees), this can also cause litigation.

First of all, in order to make changes, it is necessary to draw up an additional agreement to the contract, which is printed in several copies and signed by the employee himself and the representative of the legal entity (company).

One copy of the document is transferred to the specialist, the second remains for storage in the archives of the organization. At the same time, the copy that remains with the legal entity must necessarily contain the signature of the employee with whom the employment contract is being changed, confirming that he has a second copy. An additional agreement is an important part of the contract that regulates the relationship between the employee and his employer.

What can be changed and how to do it

The main purpose of any employment contract is to fix the conditions for the activities of the company's employees. That is why we will consider what exactly can be changed in it.

First of all, this is the work schedule. If it has any differences with what is already accepted in the company, this should definitely be written in the employment contract. If there are any changes in the document - for example, a change in the mode schedule, they are included in the additional agreement. If the employee will carry out his activities according to the schedule adopted by the company, it is not necessary to enter data on his schedule into the contract - all the conditions are spelled out in the regulations, which you just need to familiarize the employee with under his signature.

Another important point of the document is the salary level. The Labor Code of the Russian Federation does not allow the use of such wording as "an employee's earnings are determined by the staffing table" - the document must contain the salary, bonus conditions, etc. By the way, if employers refuse to do this, the future employee has the right to sue the company for violating the Labor Code of the Russian Federation.

At the same time, amendments to the contract at the initiative of the director who wants to reduce the employee's earnings is possible if the employee agrees. Naturally, no one will do this, because many managers are cunning: they change the schedule in such a way that the employee's earnings go down. This is also a violation of the law and may lead to litigation.

Any adjustments are made by drawing up an additional agreement, which should contain the following:

• The number and date of the document to which corrections will be made.
• Place and date of the agreement.
• Full name of the head and employee, their positions.

In the text, we prescribe all the conditions for the change, about which agreements were reached - for example, about changing the work schedule or the salary of a specialist. This document does not have a general form, but it is better to fill it out on an official letterhead, taking into account the company's regulations. Certify the additional agreement with the seal of the company and the signatures of representatives.

It is important to remember: if changes to the employment contract, whatever they may be, were made without the knowledge of the employee, this leads to violations of the Labor Code of the Russian Federation, which means that the specialist has the right to appeal against such adjustments.

For example, you noticed that your salary was reduced in the contract - after you sue or the labor inspectorate, your employer will be obliged to forcibly restore your wages, pay the difference and pay the interest that has accrued for the delay.

Before making changes to the terms of the contractual relationship, the employer must warn the employee about the upcoming procedure. This must be done in writing, within the time limit specified by law.

The general provisions of the Labor Code state that it is possible to change the terms of an employment contractual relationship only with the consent of both parties. But, art. 74 TC includes some exceptions. The employer must warn the person about the change in the essential terms of the contractual relationship for organizational or technical reasons. Therefore, it is allowed to amend the current contract:

• at the initiative of the employee, with the consent of the employer;
• in connection with changes in the organizational and technical conditions of work.

But, with the latter option, the company's management must prove the impossibility of working under the same conditions as before. It is obliged to notify hired personnel in writing of the changes indicating the reason that led to them.
The head of the enterprise must notify the employee of the upcoming changes within the following terms:

• for enterprises 2 months prior to the date of introduction of changes;
• entrepreneurs and other citizens must do this within 2 weeks;
• religious organizations are required to notify the employee of upcoming changes one week in advance.

There is a general procedure for notifying employees:

1. Not later than two months in advance, written notice of upcoming events is sent to employees.
2. It is handed over personally under the signature or sent by mail. This document should specifically describe the essence and causes of the current circumstances. And also the notification must contain all vacancies, for the possibility of transfer. An employee who refuses to transfer is subject to dismissal.
3. If he is not opposed to changing working conditions, he must give written consent.
4. The next step is to issue an appropriate order for the enterprise.
5. An additional agreement is drawn up, with the designation of all changes.

When the essential terms of the contractual relationship change, the employee is notified accordingly. Such changes do not require the consent of the employee. Within two months, the employee must agree to the upcoming procedure or quit. An employer can provide a person with another vacant unit. But, usually, there are no such places, and a person is forced to simply quit if he does not agree with the changes made to the employment contract.

It should be noted that this situation is extremely convenient for the head of the enterprise. However, he is not obliged to pay compensation upon liquidation. When dismissing people under this article, the enterprise is obliged to pay severance pay within three months. Therefore, quite often employers disguise the reduction of people under a change in essential conditions.

In the event of such a situation, an employee has the right to file a lawsuit with the court and demand a change in the grounds for dismissal, as well as pay a reduction allowance. But, it should be noted that the plaintiff will have to provide evidence that the reason for the dismissal was precisely the organizational or technical conditions.

As a rule, these concepts mean the abolition of branches or the creation of a new enterprise that requires more qualified employees. Practice shows that judges generally take the side of the employee and force the enterprise to pay compensation payments, as well as change the dismissal article.

Responsibility for violation of the requirements of the employment contract

An employment agreement is drawn up to protect the rights of a person upon employment. If the provisions that were specified in the employment agreement are violated, this is followed by a certain responsibility. Depending on the type of violation, the fine for abusing one's position can reach up to 200,000 rubles.

Responsibility may be:

1. Criminal - occurs in the event of the dismissal of a pregnant woman or a woman who has a child under 3 years old, and in case of non-payment of wages to them.
2. Financial - for late payment of wages or vacation pay.
3. Administrative - any violations on the part of the employer of legally correctly executed paragraphs of the relevant documents.
   Administrative responsibility arises most often.
4. Legal - arises for causing all sorts of moral and physical harm.

A person who violates the contract will bear certain responsibility, but for this the second party, that is, the employee, must report the violation to the relevant institutions.

Thus, the employment contract must be drawn up in compliance with all formalities.

Compliance with the rules of the agreement guarantees fruitful cooperation that will suit the employee.

Be sure to include a description of the working conditions and the dates of the beginning and end of cooperation in the form. Liability is provided for violation of the terms.

How to conclude an employment contract can be found in the video.

In contact with

For micro-enterprises and individual entrepreneurs, a standard form of an employment contract has been approved. If you conclude such an agreement with an employee, then the internal regulations, wage regulations and other local acts are no longer needed. Download the 2019 Microenterprise Employment Contract Form and sample.

Standard form of employment contract for micro-enterprises 2019: who is entitled to apply

According to Article 309.2 of the Labor Code of the Russian Federation, employers - small businesses - micro-enterprises have the right to completely or partially refuse to adopt local regulations containing labor law norms (internal labor regulations, regulation on remuneration, provision on bonuses, and others). In case of refusal from the acts, microenterprises are obliged to include in the employment contracts the conditions that, in accordance with the Labor Code of the Russian Federation, are prescribed in the acts.

The standard form of an employment contract for micro-enterprises was approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858. Recall which enterprises are micro-enterprises and have the right to apply the standard form of the contract.

microenterprise - this is a small business enterprise (IP, peasant farms, LLC) that meet certain criteria (see table).

Criteria for microenterprise

Criteria	IP	OOO
Average number of employees for the previous calendar year, persons	≤15	≤15
Income for the last calendar year without VAT, million rubles	≤ 120	≤ 120
Total share of participation in the charter capital of companies of constituent entities of the Russian Federation, municipalities, public and religious organizations and foundations, %	-	≤ 25
The total share of participation of other organizations that are not subjects of small or medium-sized businesses, as well as foreign organizations, %	-	≤ 49

Employment contract for micro-enterprises from 2019: sample filling

The standard form of an employment contract for micro-enterprises for 2019 was approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858. It includes model provisions, the rights and obligations of an employee and an employer, conditions for remuneration of an employee, working hours and rest, labor protection, social insurance, etc. d.

The 17-page model employment contract form for micro-enterprises includes 11 sections:

1. General provisions;
2. The rights and obligations of the employee;
3. Rights and obligations of the employer;
4. employee wages;
5. Working hours and rest time of the employee;
6. Occupational Safety and Health;
7. Social insurance and other guarantees;
8. Other terms of the employment contract;
9. Changing the terms of the employment contract;
10. Responsibility of the Parties to the employment contract;
11. Final provisions.

It is possible to exclude from the standard employment contract the items that are not provided for due to the nature of the work, as well as the items specified in the notes to the standard contract. The Ministry of Labor announced this in a letter dated June 30, 2017 No. 14-1 / B-591.

The UNP summarized the jurisprudence on disputes when employees accuse employers of arbitrarily changing clauses of an employment contract. Arguments - in the review.

Recall that when concluding employment contracts, it is necessary to take into account changes in labor legislation that came into force on January 1, 2019.

How can a micro-enterprise switch to a standard employment contract from 2019

If the company decided to switch to standard contracts, the algorithm is as follows.

Step 1. Determine which local acts are no longer needed . Make a list of acts that are no longer required (see list below). The Labor Code names some of the acts that can be canceled: internal labor regulations, provisions on wages and bonuses, shift schedule (Article 309.2 of the Labor Code of the Russian Federation).

Vacation schedules can also be cancelled. But it follows from the standard form that instead of a schedule, it is necessary to draw up a written agreement with employees in which to determine vacation days. The labor inspectors we interviewed advise that such agreements be drawn up annually, at the same time as the vacation schedule. That is, no later than two weeks before the new year.

What local acts can be canceled

• Labor internal regulations.
• Rules and instructions for labor protection.
• Regulations on wages and bonuses.
• Regulations on irregular working hours.
• Travel regulations.
• Job instructions.
• Shift schedules.
• Holiday schedule (conclude written agreements instead of a schedule)

It's important to know:

If a company or individual entrepreneur has lost the status of micro-organizations and at the same time they already have an order to refuse local documents, they will have to re-enter these papers. You need to succeed within four months from the date of removal from the register of small and medium-sized businesses. The register can be found on the FTS website.

Step 2. Issue an order to cancel local acts . You can opt out of part or all of the acts. In order not to get confused about which provisions you canceled and from what date, draw up an order in free form and sign it with the head (see sample).

In the order, instruct the employee who is responsible for personnel records to sign agreements with employees to employment contracts.

Step 3. Change existing employment contracts . Due to the transition to standard templates, labor relations are not interrupted, so the company does not have the right to terminate the old contract and enter into a new one.

With all employees, conclude additional agreements to existing employment contracts to include all the conditions from the standard form. To do this, you can write in the agreement: "Employment contract No. 1 dated February 10, 2017 to be amended from February 1, 2019," and then rewrite all the clauses from the standard contract and fill in the missing information - salary, schedule, place of work and other mandatory information.

Pros and cons of a model employment contract for micro-enterprises

pros

Minuses

No need to develop your own forms of employment contract. The standard form already has all the necessary conditions. This means that labor inspectors will have no complaints about the content of the contract. The company will draw up fewer documents, as part of the local acts can be canceled. If you fill out standard contracts, there is less risk that labor inspectors will be fined for the absence of mandatory acts or for errors in them. The company will no longer need to acquaint employees with each document separately, all the rules will be in a standard contract.

When changing any terms of a standard contract, additional agreements must be signed with employees. The employer has the right to change local acts himself, it is enough to issue an order and familiarize employees with it. If the employee leaves, the standard contract must be completed - enter the date and reason for the dismissal. Labor inspectors believe that it is not necessary to demand a copy from an employee. It is enough to make a copy from the last page and give it to the employee for signature. If the company loses its micro status, all local acts must be issued within four months (Article 309.1 of the Labor Code of the Russian Federation).

A fixed-term employment contract is a special form of agreement between an employee and a company, since it necessarily has a certain expiration date. As a general rule, contracts with employees are ongoing, with no predetermined termination date. And only such, urgent, contracts in this series stand apart. Let us consider the features of such special cases.

When is a fixed-term contract with an employee possible?

Based on everyday logic, any agreement can become urgent if its parties agree on this in advance. Suppose we want to work together for 4 months - look at the result and at the end of these months decide whether to cooperate further or not. It would seem that it is easier - we conclude a contract for 4 months - and it's in the bag! However, labor law departs from such everyday logic and tells us that there are a very small number of conditions that can cause the contractual relationship between the employee and the employer to be urgent. All of them are defined in article 59 of the Labor Code of Russia. Please note: only in these cases established by the Labor Code of the Russian Federation, it is possible to conclude a fixed-term employment contract.

1. If a person is hired during the absence of another employee. The most common situations of this kind are a woman on maternity leave or an employee on long-term treatment.
2. If the work is initially temporary and does not imply a period of more than 2 months. For example, if people are recruited for a specific short-term project.
3. If these are seasonal works, due to the climate or natural conditions of the region. Example: catching spawning fish, picking forest mushrooms/berries, harvesting vegetables, and so on.
4. If we are talking about work in an elective position, where a person is elected for a known specific period.
5. If it's an internship.
6. If employees are hired by an individual entrepreneur, as well as a legal entity - a small enterprise (with a staff of up to 35 people).
7. If this work is not the main one for a person, but part-time.
8. And in some other specific situations (see the same article 59).

Also, the conclusion of a fixed-term employment contract of the 2017 model is legitimate with certain categories of people and professionals: pensioners, creative workers, top managers and chief accountants, and others.

In other cases, except for those that are directly indicated in the same article 59 of the Labor Code, you need to draw up a regular, open-ended contract with an employee. If the company concludes a contract for a certain period for reasons that are not indicated there, the employee can easily go to court. And the courts in such cases take the side of the person, eventually recognizing the contract as open-ended. And the employer receives a fine for violating labor law.

Features of a fixed-term employment contract

In general, it is not much different from the standard. It has one nuance - in fact, an indication of the period of relations between the parties. A fixed-term employment contract is concluded for a period determined jointly - but subject to the conditions that we talked about a little higher. When determining the term, of course, it is necessary to take into account the reason for the urgency - so, if an employee came to work instead of a maternity leave, then this one can hardly be longer than the term of the decree. And if this is a seasonal job picking mushrooms, then such an agreement, logically, cannot last longer than November.

Term contract form

As mentioned above, the sample of a fixed-term employment contract with an employee in 2017 does not fundamentally differ from the usual one, except for indicating the validity period in it. Therefore, to draw up such a document, you can take as a basis any other contract with an employee, adding a mandatory clause to it, for example, this:

In accordance with part 1 of article 59 of the Labor Code of the Russian Federation, this fixed-term employment contract is concluded for the period of absence from work of Ivanova Svetlana Petrovna (absent due to being on parental leave until he reaches the age of three years).

The date of commencement of work under this contract is 01/01/2017.

The date of termination of the employment contract is the date of entry into work of Ivanova S.P.

In other aspects, such an agreement is similar to an indefinite one.

There is one more condition that should be taken into account when working with such contracts - the condition of a probationary period for an employee. The fact is that for short-term contracts there are features here:

• if the term of the contract is up to two months, then there can be no probationary period, this is illegal;
• if the term of the contract is from two to six months, then the trial period should not be longer than 14 days.

Since the beginning of 2017, all micro-enterprises have been able to reduce the turnover of documents in HR records management. This applies to cases when a standard employment contract is used to register the employment of employees, the form of which is established by Resolution No. 858 of 08/27/2016.

What is a Standard Employment Contract?

All formal labor relations are established by concluding an employment contract. This obligation of the employer is provided for by the Labor Code of the Russian Federation. The absence of this document is qualified as a legal violation and entails administrative penalties against the employer.

The basic requirements for the content of an employment contract are determined by Article 57 of the Labor Code. For convenient use of the agreement, all information is grouped into sections, but this is not a prerequisite. A specific concept of an employment contract and its features is given by Article 56 of the specified standard.

A standard labor contract of the Russian Federation is drawn up in writing and sealed with the signatures of both parties to the labor relationship. As mentioned above, such an agreement legalizes the agreement between the employee and the employer.

When a newly hired employee takes up official duties, the manager must immediately draw up a written contract with him. The document comes into force only upon the start of employment, and not from the time of its signing!

The concluded contract strictly differentiates the rights and obligations of the parties. So, the employer must provide a new employee with a workplace and timely payment of wages. In addition, the employee receives all social benefits provided for by the Labor Code and internal acts of the enterprise (organization).

In the formation of disputable situations, judicial and auditing instances pay serious attention to the content of this agreement. If there are no conditions in it, the employer cannot require the employee to comply with them.

The same applies to employees. They should not expect additional benefits from the head that are not provided for by such a document.

A typical employment contract with an employee is prepared by the personnel officers of the enterprise. The parties to the agreement sign two copies of the document: one is stored in the archive of the enterprise, the other is transferred to the employee.

The contract is signed by the head (or a person authorized by him) on the one hand and the subordinate on the other. It is allowed to fill out an electronic form of a document or draw it up manually by a personnel officer, which has become irrelevant today.

Model employment contract for which micro-enterprises can be used

Since January of this year, small businesses and individual entrepreneurs have been exempted from adopting internal standards for labor agreements. Now they are allowed to enter all the features of future cooperation directly into the employment contract with the employee, using the standard sample 2017 for this.

Microenterprises are small businesses (businesses) that meet certain conditions. This category includes private enterprises, individual entrepreneurs, LLCs, fishing and peasant farms.

The conditions for belonging to small businesses are listed in Article 4 of the Federal Law No. 209 of July 24, 2007 "On the development of small and medium-sized businesses in the Russian Federation." There are several, but the most obvious are:

• the average annual number of staff is less than 15 people;
• annual income - up to 120,000,000 rubles;
• the total share of external participants in joint-stock enterprises is no more than 49%.

To check the compliance of a micro-enterprise with the necessary criteria, you can refer to the Unified Register of Small and Medium-Sized Businesses.

Small businesses do not have to draw up a standard employment contract with each employee from 2017. Now this is done at the request of the leader. On the other hand, organizations that implement the standard form are exempted from maintaining other internal standards for the regime of work and rest of personnel, internal labor regulations and the wage system.

Before switching to a new form of contract, a waiver of past personnel documents is drawn up in order to avoid inconsistencies between them. This requires the issuance of an appropriate order. In it, micro-enterprises registered before 2017 indicate that previously approved documents are no longer valid.

In addition, not only small businesses can use the standard form of agreement, it is also available to other employers. And yet, only entities belonging to the micro-enterprise group can waive internal legal acts.

Standard employment contract with an employee: pros and cons

Main minus of the standard contract is its binding nature for small enterprises, along with excessive universality, which caused its content to be inflated. The current form of this agreement takes about a dozen printed sheets, and serious skills are needed to draw it up.

Due to the abolition of local acts in small businesses, standard labor contracts since 2017 necessarily contain a lot of additional information and a lot of data that reflects such facts:

• acquaintance of the employee with job responsibilities, collective agreement (if any), internal regulations (if any);
• consent of the employee to the processing of personal data;
• obtaining a personal copy of the agreement;
• conducting briefings on OT (introductory, primary) in the form of a signature and date;
• day and grounds for termination of the contract;
• date of receipt of the work book;
• date of receipt of other documents (list).

Despite these difficulties, the standard form of an employment contract for micro-enterprises greatly simplifies the workflow. pros from its use are as follows:

• the employer does not need to remember all the mandatory conditions provided for by the Labor Code of the Russian Federation and included in contracts of this type;
• the document takes into account all the nuances of remote (home-based) work that require coordination (you just need to highlight the appropriate options).

What personnel documents are replaced by a standard form of an employment contract

All micro-enterprises are provided with a number of benefits, including personnel issues. So, since 2017, they have received permission for simplified documentation of personnel. Now, according to Article 309.2 of the Labor Code, micro-enterprises can abolish the local regulatory framework.

Here are a few staff documents that this year partially or completely replace the standard labor contract of the Russian Federation.

Regulations on wages and bonuses

This is a local legal act that establishes the motives, conditions, amounts and procedure for material remuneration, taking into account mandatory official guarantees for workers and the financial potential of the employer. As a rule, this document also provides for the conditions for bonuses to personnel.

At the same time, the “Regulation on remuneration and bonuses” can be partially or 100% replaced by the wording offered by a standard employment contract (sample) in section 4 - “Employee's remuneration”. For example, contracts drawn up on the basis of standard ones must contain salaries (salary or piecework wage rates) and clear payment dates.

There are also tables with a list of compensation and incentive payments:

You can also apply a typical statement of the rules for remuneration (banking or cash services), wage indexation, etc.

Internal labor regulations (rules)

According to Article 189 of the Labor Code (part 4), this document regulates the time of work and rest. It can also be replaced by the model definitions in section 5 of the finished form. Here is a quote taken from there: "Regulations on irregular working hours."

Here, employees with an irregular work schedule are most often listed, if such a regime is established for them (Article 101 of the Labor Code). A similar internal document in the current year loses its relevance when a phrase is introduced into the agreement, which is offered by the standard form of an employment contract concluded between an employee and an enterprise (clause 19).

Instructions and rules of labor protection

Such documents are created and approved as required by Article 212 of the Code (part 2, paragraph 23). The standard form of the contract offers the sixth section - "Labor protection". It contains such formulations as: primary briefing, class of working conditions of the workplace, issuance of personal protective equipment. Here you can go to the model agreement.

Given that the provisions on labor protection are much more informative, it is likely that not everyone will be able to eliminate them completely.

Job Descriptions

In pursuance of Article 47 of the Federal Law No. 79 dated July 27, 2004. the use of job descriptions is an obligation for all state bodies. Consequently, ordinary employers should not do this, and it is unlawful to fine them for the lack of these documents (Rosgostrud information for No. 3042-6-0 of 08/09/2007).

However, most managers still approve job descriptions for their staff in order to subsequently have grounds for:

• dismissal of an employee due to inconsistency with the position held;
• equal distribution of the load on employees whose positions are similar;
• lawful imposition of disciplinary responsibility on subordinates;
• performance appraisal of personnel, etc.

By itself, the service instruction is not an internal normative act. In fact, it is often used as an addition to an employment contract or approved as a separate document (clarification of Rostrud No. 4412-6 of 10/31/2007).

At the same time, the standard form of an employment contract since 2017 provides for the definition of the employee's official duties:

• in the text of the employment agreement;
• in his job description.

It turns out that the universal form of the contract gives the employer a choice of what is more convenient to do: draw up personal service instructions for each employee or list all the duties of the staff in the employment agreement.

Shift work

Such a schedule is drawn up on the basis of approved working hours for a certain period of time and for the corresponding category of workers. It reflects data on the duration of work shifts, breaks between them and their frequency. By and large, all this information can be included in labor agreements. Moreover, the wording necessary for this is provided for by the standard form of an employment contract for micro-enterprises.

What local acts cannot replace the new standard labor contract

For all its universality, the discussed form of the contract cannot replace a series of personnel documents. Some of them still need to be developed and approved. Let's look at a few examples.

staffing used to display the structure of the organization, its official composition and the number of employees, as stated in Article 57 of the Labor Code. This is an internal regulatory act of each enterprise.

According to the clarification of the State Labor Service No. PG / 4653-6-1, paragraph 6 of May 15, 2014, the staffing table is a local normative act. But this document cannot affect the labor relations of employees. Therefore, the employer should not acquaint subordinates with the staff structure of the enterprise (including the procedure for accepting a position).

According to Article 57 of the Labor Code (part 2, paragraph 3), the staff list belongs to the category of mandatory documents. Therefore, the new standard employment contract cannot replace it, and there is no need to exclude the approval of the state in the current year.

Vacation schedule

This document is approved annually by order. It is prepared a couple of weeks before the end of the last period. So, the vacation schedule for 2018 needs to be developed and approved by 12/17/2017.

Its purpose is to determine the order of use of holidays by the employees of the enterprise. The schedule is published together with the order and is certainly approved by the first head, which is established by article 123 of the Labor Code (part 1). The employer is obliged to sign and execute this document. In addition, the reference to the vacation schedule as an independent document contains a standard employment contract (clause 22). For this reason, refusal to schedule vacations is unacceptable.

Other documents

There is personnel documentation that cannot be replaced by universal forms due to the lack of the necessary wording, as in a standard employment contract according to resolution 858 of 08/27/2016. Here are some examples of such documentation, including important provisions:

• about personal data;
• about business trips;
• on the preservation of trade secrets;
• about certification.

How to fill out a standard employment contract in 2017

The new standard employment contract, legalized in 2017, includes a list of various wordings. From which you should choose only what affects the labor activity of a particular employee. Eliminate everything superfluous. The above list of wording provides for all possible situations to help the employer navigate in any circumstances.

Past employment contracts will continue to operate. Small businesses do not need to cancel previously signed agreements from the very beginning of the year. It is enough to make changes and additions to them, not forgetting to coordinate this with subordinates. For newly hired employees after 01/01/2017, a new form of employment contracts should be used.

For the transition of a micro-enterprise to simplified personnel records management, a special order is issued indicating the partial or complete abolition of local standards. It also specifies the date of entry into force of the new order. It is chosen by the employer and can be anyone.

The official sample of a standard employment contract 2017 contains 38 clauses, grouped into 11 sections. Let's discuss how the most key ones are made out.

General provisions

The first section should contain the full name of the enterprise, the full name of the future employee, his position, the duration of the probationary period (if established), the type of labor activity (main or part-time), the date the employee began to perform labor duties. Additionally, you must specify the term of the employment contract, if any.

For remote workers or those whose labor activity is connected with traveling, information about this must be included in the contract. In the absence of any features of the work, it is indicated that the employee does not have a special nature of work.

If a standard employment contract is drawn up with a remote employee, or home work is provided, data are entered in paragraphs 9.1 or 9.2 of the first section. The type of equipment used by the remote employee is also indicated.

When raw materials and materials are required for the work of a homeworker, the method and timing of delivery of the necessary semi-finished products are mentioned.

This section prescribes the amount, terms and rules for paying compensation for the operation of personal property.

Be sure to indicate the working hours and the duration of the rest of the remote employee (homeworker).

Rights and obligations of an employee

This section is filled out if special clarifications of the work duties of the subordinate are required.

Rights and obligations of the employer

This lists the tools and equipment that your worker is provided with.

Employee wages

The section is devoted to the issues of remuneration of your staff. This is where the employee's salary is determined. A standard employment contract with an employee in 2017 provides for several types of payments, including:

• official salary (indicating the size);
• compensation (if you compensate an employee for the operation of his own property for official purposes, enter its type into the contract (computer, telephone, car), then determine the amount of payment and the conditions for receiving it);
• motivating rewards (indicate the type of reward (for example, a bonus), the criteria for receiving it, the size in% and frequency);
• other payments.

Be sure to specify in the employment agreement the exact terms of payment of salaries and its frequency.

Do not forget to mention the way your subordinates receive wages: in cash at the workplace or by transfer to a bank card.

Working hours and rest time of the employee

The fifth section should contain information about the length of the working day, official days off and the duration of annual leave.

Occupational Safety and Health

The sixth section reflects data on the working conditions of your employee, his need for medical examinations, and the provision of personal protective equipment.

Social insurance and other guarantees

Here you indicate the payment for training your employee (if necessary) or compensation for the costs of moving him from another area to the place of work.

Other terms of the employment contract

This section is filled out to formalize an employment relationship with a homeworker. It is also used if the employer is a businessman. Determine the reasons for terminating this agreement, in addition to the officially approved provisions of the Labor Code. For example, you have drawn up a standard employment contract with a homeworker who must report to you on the work performed every month on a certain day. If he stops communicating, answering calls and letters within a month from the date of the missed report submission, you can officially terminate your employment relationship with him.

Changing the terms of the employment contract. Responsibility of the parties to the employment contract

These two sections summarize information on the possibility of amending the agreement only by agreement of the parties.

Final provisions

This part contains the positions with which the employee was familiarized, and in front of each of them his signature is affixed. Let's say that the primary briefing on OT was not carried out, which means that this line does not need to be filled out. This chapter contains personal information of both parties to the contract: full name, place of residence, passport data. In case of termination of the contract, an official reason is indicated with a list of documents received by the employee in his hands.

Is it possible to change the standard employment contract

The standard employment contract, according to Decree No. 858, adopted by the Government of the Russian Federation on August 27, 2016, is quite extensive and, as noted earlier, offers different ways to fill in individual items. Does the employer need to completely save the text of the standard form? Or is it possible to use only the wording that is appropriate in a particular case?

The form of a standard employment contract was adopted in order to extract from it everything that an employer needs, taking into account his working situation. For example, if working conditions do not imply remote work for employees, then the relevant provisions are not included in the employment contract.

Is it possible to correct the standard wording? For example, paragraph 17 of the Form states that "Payment of wages to an employee is made _____ once a month (but not less than every half a month) on the following days (indicate specific days of wage payment)". Do you want to rephrase this condition in a different way? If the employer refuses to maintain local regulatory documentation and switches to the use of standard personnel forms, then changing the officially established wording is unacceptable.

After all, it is the work on the approved forms of standard documents that gives the right to cancel internal regulatory documents, which is confirmed by Article 309.2 of the Labor Code. And if everyone begins to change the wording, the meaning of introducing a standard form is lost.

How to switch to a standard micro-enterprise employment contract

We need to reformulate our employment relationship. However, the Labor Code provides for the termination of the contract only by terminating labor obligations and dismissing the employee with full payment for the hours worked. There are no special provisions allowing the procedure for renegotiation of contracts in the law. In such cases, the most correct solution would be to draw up additional agreements on current labor contracts. For clarity, it is better to present the new documents in the style of a standard employment contract for micro-enterprises according to the new standard wording adopted for small businesses.

If an organization is deprived of the status of a micro-enterprise, then it is given four months to restore local regulatory documentation and return to employment contracts, in accordance with Article 309.1 of the Labor Code (paragraph 2).

On what grounds can a standard employment contract be terminated?

Clauses 30-31 of the standard form of the contract can be supplemented with motives for dismissal by agreement of the parties, except for those approved by the Code of the Russian Federation. At the same time, it is necessary to agree on some conditions (guarantees, compensations, term of notice of dismissal) of labor agreements by remote and home-based workers, as well as subordinate individual entrepreneurs.

It should be emphasized here that the legislator left unchanged all the grounds for dismissal set out in the Labor Code.

Since the Government of the Russian Federation has approved a standard employment contract, and within its powers it is possible for the parties to agree on an unlimited number of additional grounds, dismissal with reference to them will be considered lawful.

In any case, with competent actions, you can use this right and approve other deadlines for notice of dismissal, the amount of guarantees and compensation payments in connection with a reduction in staff or the liquidation of an enterprise than those required by the Labor Code.

Here are examples of real motives for terminating an employment contract with an employee:

• non-use of cash register equipment;
• violation of sanitary standards (if necessary for this type of work);
• obscene language, disrespectful attitude towards customers;
• termination of employment;
• continuous absence for more than 4 months due to temporary disability, unless otherwise stipulated by the legislation of the Russian Federation.

Let's talk about mandatory terms of the employment contract, since without them it is impossible to consider the formalization of relations between the employee and the employer as completed.

Basis of working relationship

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 mandatory terms of an 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 terms 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.

What's new

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 2018 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 terms;
3. details and data of the parties (employer and employee).

Composition mandatory terms of an 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 2018 are included in the relevant section of the contract. These are the following positions:

• an 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.

Mandatory conditions of an employment contract

Mandatory conditions of the employment contract - provisions that must be specified in the employment contract. In particular, the mandatory conditions include:

• place of work;
• labor function;
• date of commencement of work;
• when concluding a fixed-term employment contract, the term of its validity and the circumstances that served as the basis for its conclusion;
  terms of remuneration;
• working hours and rest time (if different from those generally established in the organization);
• compensation for hard work and work with harmful and (or) dangerous working conditions;
• conditions that determine the nature of work (mobile, traveling, on the road, other nature of work);
• working conditions in the workplace;
• condition of compulsory social insurance.

This is stated in parts 2, 3 of article 57 of the Labor Code of the Russian Federation.

If necessary, the contract includes other mandatory conditions:

• guarantee obligations 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.