Is it possible to conclude an employment contract? What an employment contract can be like in practice and according to the law. Actions of an employee in case the employer has not concluded an employment contract

Labor legislation is one of the key areas of law from the point of view of the successful development of any state. Many of its provisions reflect the specifics of signing relevant contracts between employing companies and hired employees. What is an employment contract (concept)? The procedure for concluding this document - what is it?

What is an employment contract?

Let’s first define what an employment contract is. According to the provisions of the legislation of the Russian Federation, this is an agreement between the employer and the hired employee, according to which the first party undertakes to provide the second with work in accordance with a certain function and provide the conditions for its implementation according to the law, as well as pay wages.

In turn, the hired employee, having signed the contract, undertakes to personally carry out the labor function entrusted to him, as well as to comply with the internal rules established by the employing company.

General information about the procedure for concluding an agreement

The procedure for concluding an employment contract involves, first of all, drawing up the relevant document in writing. The contract between the employer and the employee must be drawn up in two copies. The parties confirm their agreement with its terms by signing and other details provided for by law. In addition to the employment contract, the head of the employing company is obliged to issue an order for the hiring of a new employee, as well as, if required by the specifics of the work, other documents - for example, a medical record. Also, in most production facilities, the employing company must familiarize the employee with internal regulations and other local legal acts.

The terms for concluding an employment contract are also fixed in the legislation of the Russian Federation. If a person has actually begun to perform his work duties, then from a legal point of view, a contract of the type in question is considered concluded. Within three days, the employing company is obliged to draw up an employment contract, as prescribed by law, in writing.

It can also be noted that the immigration legislation of the Russian Federation in a number of cases obliges the employer to send a notification to the Federal Migration Service about concluding an employment contract with foreigners. This is a fairly new norm; it has been in effect since 2015.

Stages of interaction between employer and employee

The general procedure for concluding an employment contract may also involve communications between the employer and the employee during the periods preceding the signing of the relevant contract. Let's consider the main features of this stage. Lawyers distinguish three periods within which the employer and the employee interact in terms of initiating labor relations. Of course, we are talking about the stages after successfully passing an interview or, for example, a competition, as a result of which a person has already been invited to work for a current vacancy.

Trial period

The first period is an introductory period. Within the framework of it, there is, in fact, a personal acquaintance between the employer and the hired employee; both formal and informal aspects of communications may be present.

So, for example, in order to correctly formalize the employment relationship, an employee must provide the employer with a number of documents - an identity card (usually a passport), SNILS, diploma or other source confirming qualifications. If a person gets a job not for the first time and he has a work book, he is also obliged to hand it over to the employer. The procedure for concluding an employment contract involves providing a certificate with a TIN, as well as, if necessary, a military ID. In turn, if a person gets a job for the first time, the employer must assist him in preparing the necessary documents.

We noted above that, along with the execution of the main contract document confirming the official employment - an employment contract, the employer may have an obligation to familiarize the employee with certain local regulations. Lawyers note that many of these sources must be provided to the person before concluding an employment contract. This applies to internal regulations or, for example, samples of collective agreements.

Preparation of contract

Let's consider what is the procedure for concluding an employment contract at the stage of its immediate preparation and signing. Lawyers recommend paying special attention to the structure of the document. Let us note the following key nuances that concern it:

Full name must be indicated in the contract. employee, full name of the employing company;
you need to reflect information about the documents that identify the employee;
it is necessary to indicate the TIN in the contract;
information about the place of work and the coordinates of the branch should be reflected in the contract;
it is necessary to enter data reflecting the specifics of the employee’s labor function, which corresponds to the vacancy, qualifications or specialty of the person;
the terms for concluding the employment contract should be indicated;
it is necessary to reflect the conditions for the payment of labor compensation, the formula for their calculation;
other necessary information must be included in the contract.

In this case, the employment contract can subsequently be supplemented with documents reflecting changes in it. However, the fundamental point here is that at the stage of preparing the contract, the employer can still offer the hired employee the conditions for performing labor functions unilaterally. But once the employment contract is signed, any changes to it are possible only if the employee agrees to them.

Contract and trade secret

The general procedure for concluding an employment contract allows for the inclusion of clauses reflecting the obligations of the hired employee to maintain the trade secrets of the enterprise that hired him. The legal basis for the relevant provisions may be regulations adopted at the federal level. At the same time, the employer must make sure that the alleged trade secret meets the criteria reflected, in particular, in Article 139 of the Civil Code of Russia.

It says that the relevant secret information can be considered a trade secret if it has a real or perceived commercial value due to unknown to third parties, provided that the employer protects this information, and also provided that there is no free, public access to it on the grounds that provided for by current legislation.

Probation

What is the relationship between the procedure for concluding an employment contract and the probationary period, which is practiced by many Russian employers when hiring new employees? In accordance with Article 70 of the Labor Code of the Russian Federation, the employing company has the right to stipulate in the employment contract the conditions that the employee must work for the appropriate period in order to check his professional suitability. Moreover, if this condition is not specified in the contract, then the person is considered accepted into the company without any tests. However, if an employee is allowed to actually perform job duties without a signed contract (this possibility is provided for in Article 67 of the Labor Code of the Russian Federation), then the corresponding condition can be added to the contract if the employer and employee have drawn up an additional agreement on this.

Signing stage

So, let’s move on to one of the key stages, which includes the procedure for concluding an employment agreement (contract). We are talking about the procedure for directly signing a document. We determined above that it should be drawn up in two copies, one the employer keeps for himself, the other gives to the employee. Each one is signed by the parties.

We also determined that the head of the organization must issue an order confirming the fact that a person has been hired. This document must be drawn up within three days from the date the employee actually begins to perform his job functions. The content of the order in question must be associated with the concluded contract. At the request of the hired employee, the employer must issue a copy of the order, which is duly certified.

General algorithm

Thus, the procedure for concluding an employment contract can be briefly described within the framework of the following algorithm:

getting to know the employer (after the interview and approval of the candidacy for the vacancy);
familiarization with internal regulations and other local acts;
signing a contract;
familiarization with the employment order, receiving, if necessary, a copy of it;

If necessary, as well as upon mutual agreement of positions in cases where required by law, the employer and the employee may enter into additional agreements (for example, on issues of the probationary period).

When to start work?

So, we have studied what is the procedure for concluding an employment contract. From what moment can a person start working (if we are not talking about the scenario when he started doing this before signing the document)? According to the provisions of the law, an employment contract is considered to come into force immediately from the moment it is signed by the employing company and the new employee.

Accordingly, if a person began to perform his duties before he signed the document, then the contract is considered valid from the day the employee actually began working. Also, the contract itself may specify a specific period from which a person can begin to perform his duties. If such an option is not specified in the contract, then the employee can begin working on the next working day. Moreover, if a person violates the terms, the employer has the right to cancel the contract.

Types of employment contracts

We looked at what an employment contract is. The content and procedure for concluding the document are also now clear to us. We can now examine the classification of contracts within the types provided for by law. The Labor Code of the Russian Federation allows the conclusion of the appropriate type of agreement within two types.

Firstly, there are contracts concluded for an indefinite period. That is, having signed such an agreement, a person has the right to expect to perform his functions without restrictions on duration. Secondly, the legislation of the Russian Federation also provides for fixed-term employment contracts. Their maximum duration is 5 years. The specific duration of the contract is determined in its provisions.

Also, the legislation of the Russian Federation provides for a special type of contract - a collective labor agreement. What kind of document is this?

Specifics of collective agreements

A collective agreement is a document that, if you follow the provisions of the Labor Code of the Russian Federation, reflects mainly the social component of the interaction between the employer and employees. That is, it reflects the conditions for the provision of vacations, vouchers to sanatoriums, some provisions on remuneration, etc. Collective labor agreements are considered the norm for modern Russian enterprises. Such agreements promote trusting communications between employers and employees, as well as strengthening employee loyalty to the company.

In general, firms are not required to enter into a collective agreement with employees. However, if such an initiative comes from the employees themselves, then, according to the law, within 7 days the company must enter into negotiations with them regarding the preparation of the relevant documents.

The procedure for concluding a collective labor agreement, as lawyers note, is quite free - it is determined by the parties themselves. An interesting fact is that if the employer and employees have not reached a compromise on the terms of the relevant agreement, then three months after the start of communications on this issue, the agreement must be signed in any form. In this case, it is necessary to supplement it with a protocol that will reflect disagreements.

Specifics of fixed-term employment contracts

Is there a special procedure for concluding a fixed-term employment contract? From the point of view of the basic stages of its execution, everything is, in principle, the same as in the case of a regular contract. The procedure for concluding an employment contract that we have briefly defined is also generally relevant for the type of agreement under consideration. At the same time, we can note some specifics regarding fixed-term contracts, which are defined in Article 59 of the Labor Code of the Russian Federation. It lists scenarios in which the employer has the right to offer to sign such agreements. The fixed-term contract is thus concluded:

if a person comes to the position of a temporarily absent employee with whom the company has signed an open-ended contract;
if we are talking about temporary work, the duration of which does not exceed 2 months;
during seasonal work, when natural conditions do not allow people to perform labor functions all year round;
when signing a contract under which a person will work abroad;
if we are talking about work that is not typical for the main profile of the employing company;
if the employing company was obviously created as a legal entity operating for a certain period, after which it is planned to be closed;
if a person comes to the company to solve a specific problem, but the exact timing of its solution is not known;
if the employee undergoes an internship or training at the company;
when registering a person for work in an elected government body, which functions within the period established by law - until the next elections;
when forming election commissions for the period of relevant campaigns and vote counting, as well as other democratic institutions necessary at the stages of forming municipal or state power through elections;
if a person is sent to temporary work by the employment service;
if the hired employee is a citizen who is performing alternative service.

Also, the laws of the Russian Federation allow for a scenario in which a fixed-term employment contract can be signed by mutual agreement between the employer and the employee. This is possible in the following main cases:

if the employing company has the status of a small business entity or individual entrepreneur;
if the employee is an old-age pensioner;
if the employee has a medical certificate suggesting the desirable signing of a fixed-term contract;
if a person comes to work in the regions of the Far North, as well as in territories with equal status from another region;
if the work is related to the prompt solution of problems to overcome the consequences of emergency situations;
when an employee is elected to a vacancy as a result of a competition;
if the vacancy involves creative work;
if a person joins a company in a leadership position, for example, the general director, his deputy or chief accountant;
when concluding an agreement with full-time students;
if a person comes to work part-time.

Also, the above conditions may change or be supplemented due to certain provisions of Russian legislation.

Thus, we examined the concept of “employment contract”, types, and procedure for conclusion. Let us consider an interesting aspect that reflects, in particular, foreign experience in concluding similar contracts.

Employment contracts abroad

It may be noted that in the world there are several very different legal regimes governing the relationship between employer and employee. For example, in the USA, contracts of this kind are considered by lawyers as a mere formality, since the protection of the employee is low - the employer can fire the employee at any time. In turn, in post-Soviet countries of this type, a contract is a more significant document from the point of view of social guarantees. In many CIS countries there is a similar procedure for concluding an employment contract. Ukraine, Russia, and Belarus have fairly similar legislation in this sense.

From the point of view, in particular, of the protection of employees, labor legislation in these states is one of the most socially oriented, as many lawyers believe. Although a similar situation is observed in many Western countries. That is, the American model of labor legislation, in which the protection of workers is noticeably lower, is not always considered acceptable in the process of forming local sources of standards in other developed countries.

Many lawyers believe, and this is probably correct, that the reason that Belarus, Russia and Ukraine have similar labor laws is because they share a common Soviet legal system in the past. That is why the algorithms are similar, according to which the procedure for concluding an employment contract is structured. The Republic of Belarus and the Russian Federation are countries that have also signed an agreement on a union state, and therefore labor legislation in these countries, as many lawyers believe, is characterized by particular closeness.

25.09.18 33 584 13

Conditions and procedure for conclusion

You don’t have to sign an employment contract and work on your word of honor.

Anastasia Kornilova

But every self-respecting employee must know what it is and how to formalize it correctly.

In this article we will tell you why an employment contract is needed, why you should not work without it, and what points it is important to pay attention to.

What will you learn

What is an employment contract and why is it needed?

An employment contract is an agreement between an employer and an employee, according to which the employer provides the employee with work and pays a salary for it. In return, the employee undertakes to work efficiently and comply with labor regulations, work personally and not shift his responsibilities to other people.

An employment contract is needed to ensure stability and security in the relationship between employee and employer. The employer can be sure that while the contract is in force, there will be someone to work at his enterprise. Moreover, this person has the education, qualifications and skills that are needed for work. The employee can be sure that he will consistently receive the agreed salary, work and rest in accordance with the law, that deductions will be made for him to the tax office, so that later, perhaps, someday he will receive a pension, unemployment benefits or a tax deduction .

The employment contract is usually not remembered until the employee regularly goes to work and receives a salary. An employment contract becomes relevant when a disaster occurs: sick leave, vacation or salary delay.

Employer and employee: who are they?

The parties to an employment contract are always the employer and the employee. An employer can be an individual, a legal entity or an individual entrepreneur, and an employee can only be an individual.

The employer is an individual. A person who is not engaged in business and is not registered as an individual entrepreneur can enter into an employment contract with another person if he needs help with housework, child care or personal service.

For example, a paralyzed person needs an assistant who will monitor him, prepare food, clean the house, go to the grocery store and to the pharmacy for medicine. A writer may need someone to take dictation for him. In such cases, two individuals can enter into an employment contract.

An employee can also be hired by an incapacitated person - a minor or suffering from a mental disorder. If he has the money to pay an employee, he can enter into an employment contract. But the guardian must sign the agreement for him.

If the employer is a legal entity, the employment contract is signed by the director or the person he authorized to sign the contract. The director signs on the basis of the charter, other persons - on the basis of an order, instruction or power of attorney from the director. It is enough to indicate the details of this document in the employment contract. Otherwise, the contract may be terminated.

Employee age. A person can be hired at the age of 16. But there are places where only adults are accepted, for example, if it is a part-time job or work in a religious organization. Persons under 18 years of age will also not be hired for jobs involving harmful or dangerous working conditions or entering the civil and municipal service.

If a person has completed general education and is 15 years old, he can enter into an employment contract to perform light work that does not harm his health. With the consent of parents and guardianship authorities, an employment contract can be concluded with a 14-year-old. In this case, work should also be easy and not hazardous to health.

Even children under 14 years of age can work: on film sets, on the theater stage or in the circus, if there is the consent of a parent or guardian, as well as permission from the guardianship and trusteeship authorities.

Open-ended and fixed-term employment contract

An employment contract can be concluded for an indefinite period or for a period of no more than five years.

An open-ended contract better protects the interests of workers, so the law gives preference to it.

A fixed-term contract can be signed only in exceptional cases, for example: to perform strictly defined work, seasonal work, when performing alternative civil service, or to replace a temporarily absent employee.

The Labor Code also allows for the conclusion of fixed-term employment contracts with students and pensioners. And small businesses (staff no more than 35 people for trade and no more than 20 for consumer services) can sign them with everyone. If, of course, the candidate agrees to be employed on their terms.

Duration of the fixed-term contract. By law, the maximum duration of a fixed-term employment contract is 5 years. There is no minimum period set, so theoretically it could even be one day. Usually the period depends on the reason for drawing up the contract.

For example, accountant Maria gave birth to a son and went on maternity leave for up to 1.5 years. An agreement will be concluded with Anna, who has come in her place, until Maria returns.

Engineer Ivan Kotov gets a job on a project to lay a gas pipe; the term of his contract will coincide with the term of the project. If the pipe is going to be laid in 2 years, the contract will be valid for the same period.

For example, a pipe was laid for 2 years, but was never completely laid. The project can be extended and engineer Kotov’s fixed-term contract can also be extended for the duration of the project.

A fixed-term contract can turn into an open-ended one if, after its termination, the employee continues to work and the employer does not object. A fixed-term contract can also become indefinite by a court decision: if the contract has been extended several times or if the court decides that there were no grounds for signing a fixed-term contract in principle.

For example, in one case, the Judicial Collegium for Civil Cases of the Kamchatka Regional Court considered the conclusion of a fixed-term employment contract with a boiler room operator to be unfounded. The company hired a person as a driver under a fixed-term contract, but the court found that there were no grounds for urgency. Moreover, after the termination of the contract with the plaintiff, management hired another person in his place. This means that the work he performed was permanent. Having considered the case, the board determined that the contract with the employee should be recognized as indefinite, the driver should be reinstated at work and compensation should be paid to him for forced absence.

Some employers prefer fixed-term contracts because it is easier to fire an employee under them: the term has expired and you can part with the employee if he is no longer as fresh and diligent as in the first days of the employment relationship. No compensation needs to be paid. In the case of an open-ended contract, you will have to reduce staff and compensate the employee for forced dismissal or come up with ways to terminate the contract.

What does an employment contract consist of: mandatory and additional conditions

An employment contract is divided into three parts: preamble, main part and conclusion. The preamble contains the date and place of signing the contract, the full name of the employee, and the name or full name of the employer. For an entrepreneur, they also indicate the TIN, and for a legal entity, the document on the basis of which the company representative signed the agreement.

Mandatory terms of an employment contract: place of work, job function, start date, payment, working conditions, work and rest hours, guarantees and compensation. If any of these conditions are missing, the contract will still be valid, but by law it must be supplemented with the missing information.

Features of drawing up a fixed-term employment contract

If an employment contract is concluded for a certain period, it must specify for what period. In a fixed-term employment contract, it is also necessary to indicate the basis - why such a contract is signed, and not an open-ended one. For example, you need to write that the contract with the watchman Viktor Petrovich is signed for 3 years, because he is an old-age pensioner.

Place of work. The employee must know exactly where he will work. For example, the parent organization of the employer's company is located in Moscow, a separate division is in Syzran, and a branch is in Tambov. The employee must know that at the beginning of each working day he must come to the Moscow office.

Labor function. This is a description of a specific position, for example: fourth-grade mechanic, leading legal adviser or deputy director. For some positions, professions and specialties, compensation and benefits are provided. In order for an employee to receive them, the position must be included in the employment contract in the same form as it is indicated in the qualification directory.

Some positions, professions or specialties give the right to early retirement. If you call them differently, then there will be problems with the pension fund. Let’s say that instead of a forest feller, who is entitled to an early old-age pension, some kind of logging worker will be entered into the work book. But there is no such profession on the lists.

In addition, workers in hazardous professions are entitled to various additional payments. If the name of a person in an employment contract is incorrect, the tax office may not allow payments to be taken into account as expenses.

Work start date. A person must start work on the day specified in the contract. Most often, the days of signing the contract and starting work coincide, but sometimes these can be different dates. The employee and employer can sign the contract on April 13, and indicate in the terms and conditions that the start date will be June 15.

Salary. All the money that an employee must receive for his work must be indicated in the contract: salary, allowances, additional payments, incentives. Any payments due to the employee by law or by local regulations of the company - regulations on wages or regulations on bonuses - are recorded. For example, that the bonus for the previous year is paid in May and is calculated using a formula depending on the time worked and the nature of the projects.

If you don’t want to include such details in the contract, you must make a reference to the bonus regulations or other local act that regulates such payments.

Work and rest schedule. By law, the working week cannot be more than 40 hours. There are exceptions, for example: workers under 16 years of age must work no more than 24 hours a week, and disabled people of group I or II must work no more than 35 hours a week.

These hours can be distributed throughout the day in different ways. Therefore, the contract stipulates when a person should work and when to rest, for example: work from Monday to Friday from 9 am to 6 pm with a lunch break from one to two, and rest on Saturday and Sunday.

Sometimes it is more convenient when work is carried out on a rotational basis, for example for workers in the Far North. A shift work schedule is established, which describes how long employees work, how much they rest, and how long it takes to get to the shift site. Shift workers do not work the usual 8 hours a day, but for weeks or months, because the shift includes time for inter-shift rest and travel to work.

Sometimes employers write that the work and rest hours are established by internal labor regulations. This is normal, but provided that the person is familiarized with the PVTR against signature before concluding an employment contract.

Guarantees and compensation for work under harmful and dangerous working conditions. All compensation provided for workers in difficult and hazardous professions must be specified in the contract. For example, workers in the mining, metallurgy or electric power industries are entitled to an additional seven days of paid leave.

Conditions that determine the nature of the work. If necessary, the contract indicates the nature of the work: on the road, traveling or mobile.

For example, a pizzeria can hire a courier to deliver pizza. The nature of his work is traveling, that is, the employee will perform his duties in a place other than where the employer is located.

A large corporation can hire a lawyer who will constantly travel to branches and solve local problems. His employment contract will reflect that the nature of the work is traveling.

Working conditions in the workplace. By law, the employer must order an assessment of working conditions from a special organization. They can be optimal, acceptable, harmful and dangerous. This information must be specified in the contract. The class of working conditions affects guarantees and compensation for workers in harmful and dangerous production.

Conditions on compulsory social insurance of the employee. The employer must indicate in the employment contract that the employee has the right to compulsory social insurance in cases provided for by federal laws.

Additional terms and conditions. The employer can include additional conditions in the contract, for example: information about the probationary period, non-disclosure of trade secrets, or the conditions for additional insurance for the employee - VHI policy. By law, additional terms of an employment contract must not worsen the employee’s position.

How to draw up an employment contract

An employment contract can only be concluded in writing. Two identical documents are drawn up, the parties keep each signed copy.

It happens that an employee starts working, but the employer is in no hurry to offer him a contract to sign. In this case, the contract is still considered concluded, because the working relationship has actually begun. The employer is obliged, no later than 3 days from the moment the employee began working for him, to sign an agreement with him. But even if the contract is never formalized, legally it has already been concluded. Such is the magic.

To draw up an employment contract, the employee must bring:

Passport or other identification document.
Work book.
SNILS.
Military registration documents.
Diploma.

To apply for some positions, for example, a judge or a member of the board of directors of the Central Bank of the Russian Federation, you need to provide information about your income. There is an established list of such positions.

The employer has no right to demand additional documents from the employee. In Art. 65 of the Labor Code provides an exhaustive list, which cannot be expanded. And if a person gets a job for the first time, then the employer cannot demand a work book from him, but must issue it to the new employee.

A copy of the employment contract. If an employee needs a copy of the contract, he can have it certified by the employer or a notary office. The employer certifies the employment contract with the manager’s signature and seal, if the company uses it in its activities, and the notary puts a certification inscription that confirms that the copy is correct.

Mistakes when concluding an employment contract

These errors will not invalidate the contract, but they can make life difficult for the employee and the employer.

There is no salary. The most common mistake is when the employer does not indicate a specific salary amount, but refers in the text of the contract to its internal document, for example, to the provision on remuneration. To avoid any questions or discrepancies in the future, you need to include a specific amount in the employment contract.

No address. Another mistake is the absence of the name of the locality in the description of the place of work.

When an organization has several branches located in different cities, without a reference to the locality it may not be clear where the employee should come to work. And the employer may be tempted to tell the employee that his workplace is now in another city, if he wants to get rid of the person and force him to write a statement of his own free will.

No information about working conditions. Working conditions at the workplace with a description of the characteristics are required. You can write down in detail or limit yourself to the entry “Working conditions are permissible in terms of the degree of harmfulness and danger (2nd class).” But at least some characteristics need to be included.

No employee signature. The contract is drawn up in two copies and the employee must sign on the employer’s copy for receipt of the contract. If there is no such signature, the company management may be fined from 10 to 20 thousand rubles, individual entrepreneurs - from 5 to 10 thousand. The fine for legal entities can be 100 thousand rubles.

There is no basis for a fixed-term contract. In a fixed-term employment contract, they often forget to indicate the grounds for its conclusion. Such a mistake can cost the employer up to 100 thousand rubles, and will allow the employee to recognize the contract as indefinite and receive all guarantees.

Contractual jurisdiction. It happens that an employer includes in an employment contract a provision for the consideration of disputes regarding it in a specific court. But according to the law, the right to choose a court belongs to the employee - the employer cannot limit him in this. This condition of the employment contract is void.

How to terminate an employment contract

General grounds for termination of an employment contract are listed in Art. 77 Labor Code.

At the initiative of the employee. An employee can terminate an employment contract at his own request. To do this, it is enough to write an application and submit it to the employer no later than two weeks before the last working day.

In this case, the employer pays him a salary for all time worked and compensation for unused vacation. All payments must be made on the day of dismissal.

For example, in some cases, in order not to dismiss an employee for a disciplinary offense, the employer may meet him halfway and terminate the contract by agreement of the parties.

There are cases when the employer does not want to officially reduce staff and invites employees who are being laid off to resign by agreement of the parties. If the employer honestly pays all required compensation, the employee may agree to this option.

Then, on the day of dismissal, the employee is paid severance pay in the amount of average monthly earnings. If within two months after the layoff the laid-off person does not find a job, he can turn to his former employer for another average monthly salary. If he remains unemployed for another month, he can again demand an average salary from the employer - if this person has a disability and other people are dependent on him or there are some other unfavorable conditions. But this is the last payment - you won’t be able to get anything else from the employer.

Therefore, if you are offered much less, you should not agree.

At the end of the term. A fixed-term employment contract is terminated after the period specified in it expires or the replaced employee returns to work.

Transfer to another location. The contract can be terminated if the employee decides to move to another employer, take an elective position, or work for the same employer, but in a different location or structural unit.

Change of conditions. An employment contract can be terminated if working conditions change. Any employee who does not like the new working conditions can take the initiative and terminate the contract. For example, if a person worked remotely, but now has to come to the office every day. Or if his salary was reduced. Or if the work schedule changes: he worked 5 days a week with two days off, and now he will work 2 days a week.

If an employee commits a disciplinary offense: skips work or is late several times, he may be fired as a punishment. In this case, it will be difficult to get a good position later: dismissal under the article is a strong blow to your reputation.

Refusal to move with the company. The basis for termination of the contract may be the employee’s refusal to move to another area or move to another position if he can no longer work in his previous place due to health problems.

Circumstances beyond the control of the parties. The employment contract is terminated if the employee is disqualified from holding managerial positions, becomes incapacitated due to health problems, or dies. Such grounds arise on their own; neither the employee nor the employer can influence them.

Uncorrectable error when concluding a contract. If the mistakes that were made when signing the contract cannot be corrected, it terminates.

For example, for an offense committed in 2017, the court banned A.P. Korzhikov from holding leadership positions for 3 years. And in 2018, he got a job as general director at Kovrizhka LLC, hiding the court decision from the founders. This is an insurmountable obstacle: the court decision has come into force, and A.P. Korzhikov will be able to become a director only after 2020. Therefore the contract will be terminated.

Contract disputes: where to go if rights are violated

When a dispute arises between an employee and an employer and they cannot agree peacefully, the controversial situation is resolved by a labor dispute commission or court.

In some cases, a person may apply to the labor inspectorate for protection of violated rights - for example, if wages are not paid or leave is not given.

Labor Dispute Commission. It is convened at the initiative of the employee or employer. It includes an equal number of representatives of the parties. Not all companies have such a commission, and at the first request of an employee who has complaints, it will not be convened. Therefore, most often, employees immediately go to court to protect their rights.

As a general rule, a claim is filed in court at the place of residence of the defendant, if the defendant is an individual entrepreneur or individual, or at the location of the organization, if the defendant is a legal entity. If an employee works in a branch or representative office of a company, he can choose the court at the location of his workplace.

When the claim concerns a contract, it can also be filed in court at the place where the contract is performed. For example, an employment contract may be signed in Moscow, but it states that the employee will perform his duties in Tver. If the parties have a dispute under such an agreement, it can be considered in both Moscow and Tver.

How else can you formalize an employment relationship?

An employment contract is not the only way to formalize relationships related to the performance of work.

The difference between a civil law contract and an employment contract. Sometimes an employer needs to obtain a one-time service or job. In this case, he can conclude with a person not an employment contract, but a civil law contract: a contract for the performance of services, a contract for a contract or a contract for the performance of work.

The difference between a civil contract and an employment contract is in the subject matter, rights and obligations of the parties. According to the employment contract, the employer hires a person who must do this and that and receive a salary for it, as well as sick leave and vacation pay.

A civil contract defines a specific task that a person must complete within a certain period of time for a fee. And the performer is not entitled to vacation pay with sick leave. So an employment contract imposes more obligations and responsibilities on the employer towards the person hired.

The contract and its difference from an employment contract. The contract is signed with people entering the civil service in government agencies. There is no concept of “contract” in the labor code; it was removed in 2002.

Based on the contract, a person is given the opportunity to fill a position in the civil service, for example, as an employee of the Administration of the President of the Russian Federation or a judge of the Moscow District.

For service, instead of salary, they pay a salary and provide state social guarantees. A person entering the civil service is obliged to perform duties in accordance with job regulations and comply with the official regulations of a particular government agency.

The difference between a work patent and an employment contract. A work patent confirms the right of a foreigner who does not need a visa to enter Russia to temporary employment in the Russian Federation.

That is, a patent is a document on the basis of which some foreigners have the opportunity to enter into an employment contract. It is required, for example, by citizens of Abkhazia, Azerbaijan, Uzbekistan and Ukraine. Citizens of Belarus, Kazakhstan, Armenia and Kyrgyzstan do not need a patent, because these countries are members of the Eurasian Economic Union.

A patent is issued for a period of 1 to 12 months. It can be extended for a period of at least a month, but the total duration of the patent, including extensions, cannot be more than a year from the date of issue.

A foreigner can get a job only in the subject of the Russian Federation that is included in his patent. That is, a foreigner cannot work in Moscow and the Moscow region under one patent, because these are two different entities.

When a foreign citizen enters into an employment contract, all information about the patent is included in the mandatory conditions. An employer can sign an employment contract with a foreigner only for those jobs that the regional authorities allowed when issuing a patent to the foreigner, for example: car driver, road worker, asphalt concrete worker, bricklayer, etc.

Remember

If you get a job, be sure to sign an employment contract.
Check that it indicates the place of work in a specific locality, the amount of salary, the duration of the contract, work responsibilities, the start date of work, working conditions and work and rest hours.
An employment contract must be drawn up only in writing; one copy must remain with you.
You can terminate the contract at will, by agreement of the parties, or transfer to another employer.
In case of disputes, you need to contact the labor inspectorate, labor dispute commission or court.
In addition to the employment contract, there is a contract and a patent. A contract is for civil servants, and a patent is for foreigners.
If you are hired to perform one-time work, you can enter into a fixed-term employment contract or a civil contract - a contract or the provision of services.

The conclusion of an employment contract is allowed with persons who have reached the age of sixteen years.

In cases of receiving general education, or continuing to master the basic general education program of general education in a form of education other than full-time, or leaving a general education institution in accordance with federal law, an employment contract can be concluded by persons who have reached the age of fifteen years to perform light labor that does not cause harm. their health.

(as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated July 21, 2007 N 194-FZ, dated December 1, 2007 N 309-FZ)

With the consent of one of the parents (guardian) and the guardianship authority, an employment contract can be concluded with a student who has reached the age of fourteen to perform light labor in his free time from school that does not harm his health and does not disrupt the learning process.

In cinematography organizations, theaters, theatrical and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and trusteeship authority, to conclude an employment contract with persons under the age of fourteen to participate in the creation and (or) performance (exhibition) ) works without harming health and moral development. In this case, the employment contract on behalf of the employee is signed by his parent (guardian). The permit from the guardianship and trusteeship authority specifies the maximum permissible duration of daily work and other conditions under which the work may be performed.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 64. Guarantees when concluding an employment contract

Unreasonable refusal to conclude an employment contract is prohibited.

Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, social and official status, age, place of residence (including including the presence or absence of registration at the place of residence or stay), as well as other circumstances not related to the business qualities of employees, are not allowed, except in cases provided for by federal law.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

It is prohibited to refuse to conclude an employment contract to women for reasons related to pregnancy or the presence of children.

It is prohibited to refuse to conclude an employment contract to employees invited in writing to work by way of transfer from another employer, within one month from the date of dismissal from their previous place of work.

At the request of a person who is refused to conclude an employment contract, the employer is obliged to provide the reason for the refusal in writing.

Refusal to conclude an employment contract can be appealed in court.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 64.1. Conditions for concluding an employment contract with former state and municipal employees

(as amended by Federal Law dated November 21, 2011 N 329-FZ)

Citizens who have held positions in state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation, within two years after dismissal from state or municipal service have the right to fill positions in organizations if certain functions of public administration of these organizations were included in official (official) responsibilities state or municipal employee, only with the consent of the relevant commission for compliance with the requirements for official conduct of state or municipal employees and the resolution of conflicts of interest, which is given in the manner established by regulatory legal acts of the Russian Federation.

Citizens who have held positions in the state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation, are required, when concluding employment contracts, to inform the employer about their last place of service within two years after dismissal from state or municipal service.

An employer, when concluding an employment contract with citizens who have filled positions in the state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation, within two years after their dismissal from state or municipal service, is obliged to notify the employer’s representative (employer) within ten days about the conclusion of such an agreement. a state or municipal employee at his last place of service in the manner established by regulatory legal acts of the Russian Federation.

Article 65. Documents presented when concluding an employment contract

When concluding an employment contract, a person applying for work presents to the employer:

passport or other identity document;

work book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;

insurance certificate of state pension insurance;

military registration documents - for those liable for military service and persons subject to conscription for military service;

a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training;

a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds, issued in the manner and in the form established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of internal affairs - when applying for a job related to activities, the implementation of which, in accordance with this Code, other federal law, is not allowed to persons who have or have had a criminal record, are or have been subject to criminal prosecution.

(paragraph introduced by Federal Law dated December 23, 2010 N 387-FZ)

In some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.

It is prohibited to require from a person applying for a job documents other than those provided for by this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are issued by the employer.

If a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.

(Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 66. Work record book

The work book of the established form is the main document about the employee’s work activity and length of service.

The form, procedure for maintaining and storing work records, as well as the procedure for producing work record forms and providing them to employers are established by the federal executive body authorized by the Government of the Russian Federation.

(as amended by Federal Law No. 160-FZ of July 23, 2008)

The employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case where work for this employer is the main one for the employee.

The work book contains information about the employee, the work he performs, transfers to another permanent job and the dismissal of the employee, as well as the grounds for termination of the employment contract and information about awards for success in work. Information about penalties is not entered into the work book, except in cases where the disciplinary sanction is dismissal.

At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.

Part six is no longer valid. — Federal Law of June 30, 2006 N 90-FZ.

Article 67. Form of employment contract

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 68. Registration of employment

Hiring is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.

The employer's order (instruction) regarding employment is announced to the employee against signature within three days from the date of actual start of work. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction).

(as amended by Federal Law No. 90-FZ of June 30, 2006)

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee, against signature, with the internal labor regulations, other local regulations directly related to the employee’s work activity, and the collective agreement.

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 69. Medical examination (examination) upon concluding an employment contract

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Persons under the age of eighteen, as well as other persons in cases provided for by this Code and other federal laws, are subject to mandatory preliminary medical examination (examination) when concluding an employment contract.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 70. Employment test

(as amended by Federal Law No. 90-FZ of June 30, 2006)

When concluding an employment contract, by agreement of the parties, it may include a provision for testing the employee in order to verify his compliance with the assigned work.

The absence of a probationary clause in the employment contract means that the employee was hired without a trial. In the event that an employee is actually allowed to work without drawing up an employment contract (part two of Article 67 of this Code), the probationary clause can be included in the employment contract only if the parties formalized it in the form of a separate agreement before starting work.

During the probationary period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and local regulations.

A hiring test is not established for:

persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;

pregnant women and women with children under the age of one and a half years;

persons under the age of eighteen;

persons who have graduated from state-accredited educational institutions of primary, secondary and higher vocational education and are entering work for the first time in the acquired specialty within one year from the date of graduation from the educational institution;

persons elected to elective positions for paid work;

persons invited to work by way of transfer from another employer as agreed between employers;

persons concluding an employment contract for a period of up to two months;

other persons in cases provided for by this Code, other federal laws, and a collective agreement.

The probationary period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

When concluding an employment contract for a period of two to six months, the probationary period cannot exceed two weeks.

The period of temporary incapacity for work and other periods when the employee was actually absent from work are not included in the probationary period.

Article 71. Result of employment test

If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiration of the test period by warning him in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as having failed the test. The employee has the right to appeal the employer's decision in court.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

If the test result is unsatisfactory, the employment contract is terminated without taking into account the opinion of the relevant trade union body and without payment of severance pay.

If the probation period has expired and the employee continues to work, then he is considered to have passed the test and subsequent termination of the employment contract is allowed only on a general basis.

If during the probationary period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request by notifying the employer in writing three days in advance.

The legislation of our state states: an employment contract is a contract concluded by the head of an enterprise with a hired specialist and establishes the boundaries of their relationship. Under this agreement, the employer promises to provide the future employee with work and pay for it, and the other party accepts its functions and undertakes to comply with the company's rules. For this reason, it is extremely important that the conclusion of an employment contract meets all the requirements, otherwise it may have negative consequences.

Is it necessary to conclude an employment contract?

Employment contract- the main document in order to officially consolidate the rights and requirements of the employer and the specialist towards each other. It defines the working interactions of the parties:

The employer is recommended to organize work with a certain functionality for each representative of the company’s personnel, to create a safe working environment, the requirements for which are determined by regulatory documents in the field of labor law (such as the Labor Code of the Russian Federation, local orders, collective agreements, work contracts). Also, the employee must be given the agreed salary in the prescribed amount without delay.
An employee who gets a job in an organization agrees to perform his functions independently and to comply with the company’s routine (this is stated in Article 56 of the Labor Code).

The conclusion of an employment contract is mandatory, as follows from Article 16 of the Labor Code of the Russian Federation. On the other hand, if the agreement was not drawn up and signed for any reason, from a legal position, industrial relations still arise, since the person was actually admitted to work, which the entrepreneur knows about.

Check your partners urgently!

Do you know that When checking, tax authorities can cling to any suspicious fact about the counterparty? Therefore, it is very important to check those with whom you work. Today, you can receive free information about your partner’s past inspections, and most importantly, receive a list of identified violations!

The rules that guide the conclusion of an employment contract are prescribed in Part III of the relevant code (Chapter 11). The Labor Code of the Russian Federation names all the key documents (Article 65), guarantees that the parties give each other (Article 64), requirements for a medical examination or test during employment (Articles 69-71), and also defines the form of the agreement (Article 67 ).

Responsibility for proper implementation of the procedure for concluding an employment contract in all cases the employer is responsible. If a document is drawn up or signed in violation of the norms defined by the Labor Code or any federal law, and when these deviations do not allow the continuation of relations, then the contract immediately terminates in accordance with clause 11 of Art. 77 Labor Code of the Russian Federation.

Number of personnel of the enterprise: analysis and optimization

Turning to Article 5.27 of the Code of Administrative Offenses, we note that the employer will be held liable under it if he evades concluding an employment contract. Inadequate documentation of relations, refusal to sign a contract, or preparation of a civil contract instead of an employment contract (if there are industrial relations in the situation of the parties to the transaction) leads to an administrative fine, the severity of which depends on the status of the employer:

for officials - this is the amount from ten to twenty thousand rubles;
for those who are engaged in business without registering a legal entity - from five to ten thousand rubles;
for legal entities - from fifty to one hundred thousand rubles.

For the employer, the conclusion of an employment contract is accompanied by the following: benefits and benefits:

The person who signed the document agreed to abide by the company's rules.
The contract defines the duties and functions of the employee and requires him to perform high-quality and complete work.
If this is specified in the agreement, then the employer receives the right to apply disciplinary measures to the staff, as well as financial liability.
The contract convinces the employee of the company’s reputability and provides guarantees to all parties to the relationship.

Conditions for concluding an employment contract

Employee and employer become two parties between whom an employment agreement is signed. Employee always an individual over sixteen years of age. The Labor Code of the Russian Federation does not establish an upper age limit for signing a contract.

On behalf of employer Any subject permitted by law to sign employment contracts can act: both an organization and an individual.

When concluding an employment contract, you can choose one of its types, which differs by validity period:

Urgent.

Participants in labor relations can sign a contract that will be considered valid for a period determined by the employee and the entrepreneur (but not more than 5 years). Such an agreement specifies not only the duration of the validity, but also lists in detail the reasons why a permanent contract is not available. Their list is strictly regulated by law.

Fixed-term contract is being extended by signing an additional agreement to it. Extension is also possible for a period of up to 5 years. Such labor is terminated contract after a written notice (at least three days in advance) on the day when its validity expires. If the employer did not send a reminder about the expiration of the relationship period, and the person continued to perform his functions, the contract becomes indefinite, and its termination will occur in accordance with the general procedure.

All fixed-term employment contracts can be divided into the following categories:

Those where the period for concluding an employment contract is clearly defined. These are agreements that are drawn up when a person enters an elective position. For example, just such a contract is concluded with the president, governors, deputies and rectors of universities with a specified expiration date.
Relative duration agreements. This type of contract is used when it comes to employment in a company that obviously functions only to perform a certain finite amount of work. The temporary nature of such companies is fixed in their charter. An agreement with a relative term terminates at the same time as the organization. The conclusion of an employment contract of this type occurs, for example, for activities at the election headquarters of a political party.
A conditional fixed-term contract is developed for a situation where a candidate is hired for a temporarily vacated position. For example, for the position of an employee who went on maternity leave or went on a long business trip. For such vacant positions, if necessary, workers are recruited on a fixed-term contract.

Prisoners indefinitely.

Contracts that do not specify how long an employee will work for the company automatically become indefinite, guaranteeing stable employment in one place. The relationship between the enterprise and the specialist under such conditions can be severed legally.

Time-based wages: advantages and disadvantages

Form of concluding an employment contract and its contents

The fifty-seventh article of the Labor Code states that The employment contract must indicate:

the full name of the legal entity in which the candidate is employed, as well as the full name of the employee;
details of identification documents of the employee and the employer (if the role of the latter is played by an individual);
TIN for an organization or individual entrepreneur;
information about the legal representative of the company and about the documents that give him the right to make decisions and sign contracts (for example, the general director of an enterprise can act on the basis of its charter);
place and day of concluding the employment contract.

Also required The document contains the following information:

the position for which the specialist is hired, profession or type of work, labor functions;
place of work;
the date when duties should begin and the date until which the agreement is valid, if it is an agreement with a limited period (in this case, you should also describe the reasons why it is impossible to use an open-ended form);
wages, regional coefficients, bonuses, as well as dates and frequency of disbursement of funds;
guarantees in case of work in a hazardous environment and methods of compensation;
activity schedule and working conditions;
the nature of the functions performed;
social security information;
all other conditions and additions described in the labor law of the state.

When concluding an employment contract, it is possible that some of the circumstances and information will not be included in the agreement immediately. This does not make the contract invalid or invalidate it. All missing items can be added to it or included in the additional agreement and appendices.

It is permissible to describe and record any conditions if they do not contradict the letter of the law and do not infringe on the rights of personnel enshrined in labor legislation:

the place of work may be specified;
a probationary period is established;
the employee may be required to store internal information and trade secrets;
if the business owner paid for the training of a newcomer, then a working period is likely to be established;
methods of supporting a specialist can be prescribed (insurance, social assistance, pensions);
employee responsibilities as set out in local regulations.

Let's look at the sections and paragraphs of a ready-to-conclude employment contract and clarify the important parts.

A cap

Mandatory elements of the header are always the place and day of signing the agreement, the names of the parties (in full), information about the documents that identify them and confirm the legality of their actions.

Clause 1. Subject of the employment contract

Here the position of the specialist and the nature of the labor relationship, place of work, the date when the person begins his duties, the duration and conditions of the probationary period, if required, are recorded.

Clause 2. Rights and obligations of the employee

The most important rights of an employee of the organization are recorded in the “Rights” subsection. These provisions are provided for by the Labor Code of the Russian Federation and internal documents of the enterprise. Usually these are the rights to wages, compensation for harm caused to a person in the process of work, mandatory social insurance and any other conditions.

When concluding an employment contract in the “Responsibilities” subsection the work functions of the specialist, the requirements for compliance with production discipline and internal regulations are determined. It also spells out the attitude towards the company’s property, the need to keep trade secrets and other conditions that a person must fulfill.

Clause 3. Rights and obligations of the employer

In the “Rights” subsection lists the employer's powers to financially remunerate the employee, to present demands for the performance of work, to hold the other party liable under the law, as well as all other rights that do not violate the Labor Code of the Russian Federation.

The contractual functions of the employer (compliance with labor laws and internal regulations, ensuring the safety of company employees, payment for their work, guarantees of social insurance, provision of necessary information and compensation for harm caused to the worker) are indicated in the “Responsibilities” subsection.

Clause 4. Working hours and rest periods

When concluding an employment contract, the amount of working time - days, shifts, hours, duration of leave and the conditions under which it can be taken are immediately prescribed.

Clause 5. Remuneration

The parties agree on salary, compensation, bonuses and other methods of material incentives.

Clause 6. Change and termination of the employment contract, dispute resolution

It describes in detail how industrial conflicts and disagreements are supposed to be resolved, how to make changes to the contract and how to terminate it.

Clause 7. Other terms of the employment contract

This paragraph is used to include in the work contract any terms that do not fit within the sections listed above.

Dismissal at the initiative of an employee: how to formalize it correctly

New form of concluding an employment contract from 2017

At the very beginning of 2017, it was decided that companies with up to 15 employees and revenue up to 120 million rubles. are not required to prepare local acts with labor law standards. The Labor Code of the Russian Federation will now contain Chapter 48.1, which regulates the situation in microbusiness. If a small business does not apply the acts, it will have to use a special form of employment contract.

The company has the right to refuse from previously adopted documents: internal regulations, shift and vacation schedules, bonus regulations, etc. However, the vacation schedule for 2017 will still be relevant, since it was adopted before December 16, 2016 - during the period when the legislative innovation was still didn't work.

Records of the movement of work books and a log of employee briefings will also be preserved.

A sample employment contract can be downloaded at the end of the article.

In the new form of employment contract indicate the conditions of work at home and the location of the workplace. You will have to work with the HR department to analyze the changes and decide what should be included in the new agreement and what will remain in the company’s local documents. For example, you should not rush to destroy the provision on bonuses, since you can only change the rights acquired during employment with the consent of the other party, but an internal act at the enterprise can be corrected without the participation of the employee.

If you do not switch to the updated form of the contract, you will not face a fine, but if the enterprise ceases to be considered a micro-business, you will have to restore local documents in a short time (according to Article 309.1 of the Labor Code - within four months).

Employee age for concluding an employment contract

Article 63 of the Labor Code defines the lower age limit for signing labor agreements allowed with persons over age:

14 years old: if one of the trustees, father, mother or guardianship authority gives consent. Students aged 14 can do light work that is not harmful to health and does not interfere with learning; such activities only take up the teenager’s free time.
15 years: a contract is signed for the legal performance of light work that does not have a negative impact on health if the employee:

still receiving school education,
continues to master the basic educational program not in full-time form, but in any other form,
leaves the educational institution, observing federal legislation.

from 16 years old: on a universal basis.

As an exception to the rule an order to conclude an employment contract can be given in a theater or cinema, where the participation of children under 14 years of age is allowed. To sign such an agreement, not only the decision of the guardians is required, but also evidence of labor safety for the moral and physical development of the child.

By age limit There are no guidelines for establishing labor relations. But the range of positions and functions for which a maximum age is specified is limited (civil service, for example, is available to persons under 65 years of age).

Compensation upon dismissal: how to pay an employee

What documents are needed to conclude an employment contract?

A person applying for work presents to the employer documents, the list of which is given in Article 65 of the Labor Code:

the main document confirming the employee’s identity is a passport;
a work book is required, unless this is the first place of work or if the person does not join the company as a part-time worker;
pension insurance certificate;
for candidates liable for military service, the list provides for entering information about the military ID in the personal file;
certificates, diplomas, certificates - documents confirming the candidate’s education and qualifications are important when concluding an employment contract for a position that requires special training;
certificates of no criminal record and criminal prosecution (or certificate of termination of prosecution on certain grounds). The procedure for receiving and the form of these papers are determined by the federal executive branch, which works to develop norms and legal regulation in the field of internal affairs of the state. Such certificates are especially important when applying for employment in a position that is not available to persons who have been persecuted under the law or have a criminal record.

For some positions and types of work of the Labor Code, federal laws and presidential decrees expand this list to comply with the procedure for concluding an employment contract.

No one has the right to demand from a candidate applying for a job in an organization any documents other than those specified for a specific case by the Labor Code, federal laws, presidential decrees and government regulations.

Why is notification of the conclusion of an employment contract necessary?

For a number of people applying for work in Russia, there are special requirements when signing an employment contract. They consist in the need to officially issue a document so that it notified about the signing of the employment agreement. Employees for whom this information is important are: Foreigners. The Federal Migration Service must be notified of the employment in Russia of a resident of another state.

In this case the same applies temporary restrictions on the provision of information. According to the law, only three days are given to notify the FMS that an employment contract has been concluded.

The legislation allows three ways to provide documents to the migration authorities:

Come to the FMS in person with all the papers and hand them over to the employees hand-to-hand, and then pick up a certificate of receipt of the documents.
Send documents by regular mail. They should be sent by registered mail with acknowledgment of receipt by the addressee, as well as an inventory of what is included in the envelope.
Submit all required documents by email.

What is transferred to the Federal Migration Service includes employee information. Namely, information about his passport and the position for which he is employed are indicated. In a situation where we speak about a citizen of another state, you also need a document permitting work in the Russian Federation. To conclude an employment contract with a foreigner, note the name, number and series of the permit, the date of its issue and the period during which it is considered valid. Information about who granted the patent is also required.

The FMS also requires a full information about the employing company. The list of required data includes: address of the future place of work, information about the manager (full name and position), contact information of the organization.

In a notice to the migration department two dates are indicated– the day the employment contract was drawn up and the day it was issued. This document must be signed by the head of the company that is the employer and certified by the seal of the enterprise.

This notification is prepared and sent to the FMS not only when hiring a foreigner, but also upon his dismissal(upon concluding an employment contract and upon termination of its validity).

In accordance with the fourth part of Article 18.15 of the Code of Administrative Offenses, organizations and entrepreneurs that employ foreigners and violate the deadlines and procedure for notifying the migration service about this must be punished (a fine of the established amount).

Expert opinion

What mistakes to avoid when hiring a foreigner to avoid getting a fine or prison sentence

Sergey Sichkar,

co-owner of the Arka Group company, Krasnodar; Candidate of Economic Sciences

Illegal employment of foreigners in trade

Depending on the activities of the enterprise and its location, the amount of the fine for violating the procedure for concluding an employment contract with a foreigner will vary. According to Article 18.16 of the Code of Administrative Offenses of the Russian Federation, a trading company will pay about 450,000–800,000 rubles for the illegal employment of a migrant (and its director will receive a personal fine of 45,000 to 50,000 for each employee). Paragraph 2 of the same article states that the enterprise will pay fines of the same amount if the commercial premises it has rented out are occupied by a company that illegally accepted foreigners. In the capitals of our state, the amount of punishment will increase for the entire organization to 1 million rubles, and for directors - to 70 thousand.

Example. A kiosk was rented from the Vostok-1 company. The entrepreneur using the structure neglected to conclude an employment contract with a foreigner. The Vostok-1 company, by decision of the Vladimir Regional Court dated December 28, 2015 No. 4a-404/2015, was fined 600 thousand rubles.

Illegal employment in other areas

If an enterprise uses migrant labor without permission to work in Russia, the fine for the director will be from 25 to 50 thousand rubles, and for the company - from 250 to 800 thousand per employee (these conditions are stated in Article 18.15 of the Administrative Code, in the first paragraph). The enterprise will be fined the same amount if it does not receive permission to use foreign workers (clause 2 of the same article). In paragraph 4 of Art. 18.15 of the Code of Administrative Offenses, more serious amounts are provided for violators in Moscow or St. Petersburg (the director will pay 35–70 thousand and 400 thousand–1 million will have to be paid to the company).

Example. At the plant, when concluding an employment contract with foreigners (two from Moldova and four from Tajikistan), they turned a blind eye to the fact that no one had permission to work in the Russian Federation. According to the Resolution of the Supreme Court of the Russian Federation dated March 3, 2016 in case No. A40-176665/2014, the plant had to pay 2.4 million rubles (400 thousand for each worker).

Violation of migration rules

1. If an enterprise signs or terminates civil contracts or labor agreements with migrants, it must inform the local Federal Migration Service within the next three working days. For violating the terms and conditions, the director of the company will be fined from 35 to 70 thousand rubles, and the entire enterprise will pay from 400 thousand to 1 million rubles.

2. If an employment contract is concluded with a qualified foreigner, the enterprise must submit reports on the wages paid to the migration service four times a year. For failure to comply with this condition, the same fines are provided as in the previous paragraph (for more details, see paragraph 5 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation).

3. It is prohibited to employ foreigners in Russia (or is permissible only under certain restrictions) in the areas of security, alcohol sales, etc. According to Article 18.17 of the Code of Administrative Offenses, for deviation from these requirements the financial penalty will be 45–50 thousand rubles. for the manager and 800 thousand - 1 million rubles. for the entire business.

Note. Fines for these violations can be replaced by a temporary suspension of the company for a period of two weeks to 90 days.

Organization of illegal stay of foreigners

Punishments in accordance with Article 332.1 of the Criminal Code threaten employers not only for incorrectly concluding an employment contract, but also for ensuring the illegal stay of foreigners on the territory of the Russian Federation:

300 thousand rubles fine or company income for one and a half years;
working hours up to 420 hours;
forced labor for up to 3 years;
correctional labor for up to 2 years;
up to 5 years in prison.

If the court finds that criminal acts were committed by an organized group, the prison term will increase to 7 years and the fine to 500,000 rubles.

Example. The company not only hired migrants, but also illegally settled them in the basement, despite the fact that the people’s stay in Russia had expired. The managers of the enterprise, in accordance with the Resolution of the Moscow City Court dated May 6, 2015 No. 4u/5-2275/15, were sent to prison for 3 years.

The procedure for concluding an employment contract with employees

The first stage is introductory

It is important for the parties to the future contract not only to get to know each other, but also perform certain duties before entering into an agreement.

The hired employee must present documents to the employer, significant in the employment process (Article 65 of the Labor Code). It is logical that if this is his first job, then the person cannot provide a pension insurance certificate, a tax ID, and sometimes a medical insurance policy, then the employer must provide assistance, and in some cases, prepare the necessary documents himself. By the way, a newcomer is required to have a work book if he has been working in the company for at least five days.

Even at the stage of preparation for concluding an employment contract, obligations arise for the employer. According to Article 68 of the same code the employer is obliged to inform the employee before starting a relationship with the company's regulations and documents regulating the activities of the team, and this can be done against signature.

The second stage is drawing up and signing an employment contract

The main thing for this step is - drawing up an employment contract. In the process, they rely on the recommendations of Article 57 of the Labor Code, since it states what exactly should be indicated in the contract. The terms of the employment contract may be changed with a written decision of the parties or in compliance with the requirements of Article 74.

When preparing a contract, they include in it mandatory non-disclosure by an employee of information constituting an official or commercial secret. Such data may come to the employee in connection with his job functions. Each company independently determines what is its trade secret (but takes into account the law regarding it). When concluding an employment contract, some organizations will follow the Federal Law “On State Secrets”.

The contract may require a probationary period. for the purpose of checking the professional suitability of an employee, this possibility is fixed in Article 70 of the Code.

The trial period cannot exceed three months for line workers and six months - for managers, chief accountants and their deputies, unless federal legislation establishes other conditions. This applies to the conclusion of employment contracts with the management of not only the head branches, but also any autonomous divisions of the company.

There is no pre-employment test For:

people who passed a competition to fill a vacancy, if it was conducted in accordance with the procedure regulated by legislation in the field of labor law;
pregnant candidates and women with small children (under 1.5 years);
persons under eighteen years of age;
specialists who have received an education document from an institution with a state license, if they are starting to work in their specialty for the first time and do this no later than one year from the date of graduation from the educational institution;
applying for an elective but paid position;
employees with whom the conclusion of an employment contract is organized after the transfer by agreement of the employers;
those who sign a contract for less than two months;
candidates applying for work under other conditions provided for by the code. For example, specialists who have successfully completed their apprenticeship do not pass the test (see Article 207 of the Labor Code).

The employer has the right if the test result is unsatisfactory terminate the employment relationship before the end of its official term. To do this, you need to inform the person in writing about the decision made at least three days in advance, state the reasons for terminating the contract and recognizing the specialist as unsuitable for the position. An employee can appeal such a decision of the employer in court, so it is important to carefully analyze his activities.

If the procedure for concluding an employment contract has not been violated and if the test period has expired, and the person still remains in the organization, it means that he has successfully overcome the probationary period. And subsequent termination of the employment relationship is possible only on general legal grounds.

During the probationary period, the employee may come to the conclusion that the current position is not suitable for him, and then he has the right to terminate the employment contract on personal initiative. In this case, you will also need to notify your superiors in writing three days before leaving.

Article 67 of the Labor Code of the Russian Federation says the following about the procedure for concluding an employment contract: an employment contract must be concluded in writing. The document is prepared in two copies, which are certified by signatures of both parties. One contract goes to the employer, and the other to the employee. It is important that the employer’s copy bears the signature of a specialist, certifying that he received his copy.

Hiring a new employee by order of the enterprise, which is drawn up based on the signed agreement and the terms included therein. The order must be submitted no later than three days after the actual return to work. Upon request, the employer must also provide the employee with a certified copy of the order.

The third stage - the beginning of labor relations

The employment contract comes into force from the moment of its conclusion, in other words, when the agreement is signed by both parties. Industrial relations are also possible without a written agreement, but with actual permission to perform duties on behalf of the manager.

The employee must begin to perform his duties on the very day specified in the contract. If the date of commencement of activity is not specified in it, then the first day is determined to be the day following the conclusion of the contract.

The employer has the right cancel the employment contract, if the new employee does not report for duty within the period prescribed by law or contract. In this case, industrial relations do not even arise, and the canceled document is recognized as not concluded.

According to the law of the Russian Federation, any restriction of rights or establishment of direct or indirect advantages when concluding an employment contract, due to any factors other than business and professional qualities (unless this is provided for by the laws of Russia as an exceptional case). It is unacceptable to be guided not only by the candidate’s experience, but also by his gender, age, race, nationality, social or financial status, origin and even place of residence (the presence or absence of registration in a certain place also cannot be considered an adequate requirement for an employee).

A candidate who has not received a job has the right to contact the employer and demand that they send him reason for refusal in writing. Any negative answer can be appealed in court.

Dismissal at will: rules and pitfalls

How is an employment contract concluded with a director?

The employment of a hired manager is regulated by the Labor Code of the Russian Federation (Article 275), the constituent papers and charter of the company, as well as state legal norms. Hiring an employee of such a high level can only owner of the organization.

There are several paths to a leadership position.

Purpose for the position. The business owner or government issues an order hiring a candidate for a position. The state can also act as an employer when concluding an employment contract. When a company has only one owner, he decides to sign documents and appoint a new manager.

Competition for filling a position. The state institution issues its own regulations on organizing a competition to select a new director or manager, and then conducts the selection on the grounds and conditions specified in it.

Election– a path relevant for open joint-stock companies and limited liability companies. For example, the head of an enterprise is nominated by shareholders at a corporate meeting or by the company's board of directors (if the charter documents provide for such a procedure). The conclusion of an employment contract with the director is carried out after his election on the basis of a majority vote.

If with a leader an employment contract is concluded, then it is important not to forget about its features.

For example, with directors of state (municipal) institutions, as stated in Article 275 of the Labor Code, sign a standard agreement in the form established by the Russian Tripartite Commission for the Regulation of Labor Relations and the Government of the Russian Federation.

With heads of commercial organizations sign an agreement, which is developed at the request of the owner and his authorized representatives based on labor law norms and the constituent documents of the company.

To correctly conclude an employment contract, he must contain:

responsibilities and rights of the employer and hired manager;
established wages;
amount and terms of compensation;
conditions under which termination of work is permissible.

The employment contract with the manager can be terminated for the reasons described in Article 278:

bankruptcy of the company or its debts;
making a decision by the business owner or an authorized representative or body to sever the employment relationship with the hired manager. This reason may lead to termination of the contract at a unitary enterprise by decision of the authorized owner (the procedure and requirements are established by the Government of the Russian Federation);
other reasons specified in advance during the process of concluding an employment contract.

If the agreement is terminated at the request of the owner of the company, Article 279 of the Labor Code provides for payment compensation to the dismissed manager. Their volume is determined in the contract or local regulations, but cannot be less than three times the average monthly salary.

The constituent documents of the enterprise establish term concluding an employment contract. This period is also determined by written agreement of the parties.

Sign the contract LLCs can:

a member of the meeting who served as chairman when the director was elected;
the person who received authority from him;
if the company's charter or other local regulations provide for this, then the chairman of the board of directors.

In joint stock companies the procedure is carried out similarly.

In a government organization To conclude an employment contract, a representative of the executive body is involved, who acts on behalf of the state as the owner of the enterprise.

In the first order issued by the director, the fact of his assumption of office is recorded. If we are talking about a manager appointed to a government agency, then the order specifies information about the document issued by the executive authority on behalf of the employing state.

An entry is made in the work book that an employee was elected or appointed to the position of head of the company based on a decision of the board of directors or a meeting of shareholders.

Government agencies fill out the personal file and documents of the head and note that he was appointed to position director.

Is it necessary to conclude an employment contract with the director if he is the owner of the company?

It seems counterintuitive to sign an agreement with yourself if the CEO is also the owner of the business. But experts disagree about this procedure.

There is no need to enter into an employment contract. In Chapter 43 of the Labor Code of the Russian Federation, Article 273 describes a similar situation and establishes that if the director of an enterprise is also its only employee, then he should not sign a contract with himself. At the same time, experts note that Article 182 of the Civil Code prohibits concluding “transactions on behalf of the represented person in relation to himself personally.” In theory, the general director cannot make any transactions on behalf of the company with himself, since he is the bearer of both his own interests and the interests of the organization. On the other hand, this may not apply to labor relations, because the director is an executive body in one person, so from this position he cannot be considered a representative of civil society falling under Art. 182 of the Civil Code of the Russian Federation.
An employment contract must be concluded. Lawyers who defend this approach argue that the head of the company is also its employee, which means that if he works within the company, then concluding an employment contract with the director is mandatory in accordance with Art. 16 Labor Code of the Russian Federation. The agreement can be signed by the employer either by the director himself, if he is the owner of the business, or by one of the other founders of the enterprise, if there are several of them.

The second position in this matter is also supported by the fact that the absence of a registered document on the employment of the director (owner) of the business can lead to troubles with the tax or labor inspectorate, as it can be defined as a violation of the law:

Violation of fiscal legislation. According to Article 252 of the Tax Code of the Russian Federation, confirmed and justified expenses from an economic point of view can be included in the company’s expenses and reduce the amount of taxable profit. Thus, some tax authorities, if an employment contract had not been concluded with the director, did not consider the attribution of his wages to expenses justified and acceptable. If the company had a signed agreement, it would give the right to consider the manager's remuneration as part of the wage fund.
Violation of labor laws. Article 67 of the Labor Code of the Russian Federation does not describe a single exception to the question that labor agreements must be signed with all employees of the enterprise. Since the general director is also a member of the team, the company may be fined by the inspectorate if the conclusion of an agreement with him was not completed in a timely manner.

Expert opinion

Supervisory authorities require that employment contracts be concluded with all employees, including the general director

Evgenia Kotova,

General Director of Audit-Eureka LLC, St. Petersburg; Candidate of Economic Sciences; arbitration assessor of the Arbitration Court of St. Petersburg and Leningrad Region

Even if the contract with the general director does not carry any semantic load, it is worth drawing up and signing, since the authorities inspecting the company treat this strictly formally. Since the labor and tax inspectorates, the Pension Fund and the Social Insurance Fund believe that concluding employment contracts with all employees is mandatory, it is better to play it safe and sign an agreement with the director. By the way, when opening an account, bank lawyers also look at the existence of an agreement.

If the owner of the enterprise does not want to prepare this document, then each inspection will require explanations and evidence. Moreover, regulatory authorities may hold him accountable, and the conversation will have to continue in court.

For example, my company has only two founders, one of whom I am, so we signed an agreement with the second founder.

Rules for concluding an employment contract, which distinguish it from a civil contract

Civil contracts in the field of labor state that the employee (he is not a member of the enterprise team) has received a certain task, for which the result is known in advance (draw an illustration, make repairs, write a book). An employment agreement establishes a relationship in which a specialist is employed in accordance with his qualifications in a certain position.
In a civil contract, the result is important, but in a labor contract, the fact that the employee independently performs his functions is important.
Violation of the requirements specified when concluding an employment contract (deviation from the company’s internal regulations) leads to dismissal or disciplinary punishment. But violation of a work contract, which is not an employment contract, entails civil liability.
If there is an employment agreement, the employer must create the conditions for the activity.
The employer, under an employment contract, assigns a fixed permanent payment, and under a civil law contract, a one-time remuneration.

Conclusion and execution of an employment contract: 5 common mistakes

Error 1. The employer does not enter into an employment contract with a specialist.

Most often they make this mistake. Instead of an employment agreement, entrepreneurs sign a civil contract, hoping that they will save on taxes, and at the same time avoid all mandatory payments and concessions for the employee (they will not reimburse sick leave, vacations, compensation for severing relations with the employee, downtime, etc. .).

However, this is not a panacea, since part three of Article 5.27 of the Code of Administrative Offenses from January 1, 2015 provides for liability in the form of a fine for using this loophole. If it is discovered that the employer did not use an employment contract in a situation where it was necessary, then the official will pay from 10 to 20 thousand rubles, and the organization - from 50 to 100 thousand.

Error 2. The start date of work and the period of validity of a fixed-term employment contract are not indicated.

If the term for concluding a fixed-term employment contract is not specified in the document, then the employee will have every right to refuse to leave at the moment intended by the employer. And the latter will have no grounds for dismissal.

Error 3. The place of work is not indicated.

This clause must be specified in the contract, especially if the employee is hired to perform labor functions in a separate division of the company in another location (see Article 57 of the Labor Code of the Russian Federation).

If the place of employment is not specifically indicated in the agreement, then the specialist may not come on the first working day. And he will be right, since even in court he will be able to reject a disciplinary sanction, explaining absenteeism by the fact that the contract does not contain all the necessary information about working conditions.

Error 4. Working hours and number of vacations are not indicated.

If, when concluding an employment contract, you do not specify the specialist’s rights to rest and his work schedule (duration of shift, number of working days per week, time for lunch breaks, shift schedule, weekends, etc.), then in fact he is not obliged to be in the right time at the workplace, and will have the right to perform his functions whenever he wants.

If a disabled person is hired for a position, then the 31 days of vacation allotted to him must also be indicated in the agreement.

Often small organizations ignore the description of the operating mode and use inaccurate phrases. However, the State Labor Inspectorate notes such general wording and requires amendments to be made to incorrectly drawn up contracts.

Error 5. Lack of information about the place and timing of payment of wages.

In fact, this item is standard and simply does not need to be changed or deleted. The Labor Code of the Russian Federation states that wages are paid to employees twice a month on the days specified in the employment contract, local acts or collective agreement.

Exchange agreement: sample, examples, important conditions and obligations of the parties

How to check that the conclusion of an employment contract has been completed correctly

We recommend a software solution called “Check the employment contract!”. This is a web service that can determine whether a specific agreement complies with the requirements of Russian law.

The online service is available on the Rostrud portals “Work in Russia” and onlineinspektsiya.rf. You can go to one of these sites with an electronic version of the draft contract in hand, or check an existing one.

In turn, specialists who have already concluded a contract can use the “Check the employment contract!” service. on the website “Onlineinspektsiya.rf” and see whether their legal rights are respected. If inconsistencies are identified, the employee has the right to contact the state labor inspectorate through another portal service - “Report a problem.”

Information about the experts

Sergey Sichkar, co-owner of Arka Group company, Krasnodar; Candidate of Economic Sciences. "Arka Group" Identification of financial and legal risks when buying or selling a company. Estimation of the market value of a business, shares, shares. Development of financial models and business plans. Work throughout Russia with companies with revenues of 50 million rubles per year.

Evgenia Kotova, General Director of Audit-Eureka LLC, St. Petersburg; arbitration assessor of the Arbitration Court of St. Petersburg and the Leningrad Region; Candidate of Economic Sciences. Audit-Eureka LLC has been operating in the audit services market of St. Petersburg since 1996. The company is a member of the Audit Chamber of St. Petersburg and the Audit Chamber of Russia. “Audit-Eureka” is an information partner of the publications “Business Petersburg”, “DP-Consultant”, “Glavbukh”, “Tax News”, “Entrepreneur of Petersburg”, etc. Clients include enterprises in the construction, trade and manufacturing sectors, as well as budget institutions. The auditors' liability is insured by Rosgosstrakh-Severo-Zapad LLC.

The conclusion of an employment contract is a mandatory component of formalizing the relationship between an employee and an employer. And since you cannot do without this document in labor relations, it is important to know how to conclude it in compliance with all state requirements. This will avoid problems with the labor inspectorate and other regulatory authorities.

What is an employment contract

An employment contract is a written agreement between an employee and an employer, which regulates their rights and obligations. The employer undertakes to provide the other party to the employment contract with work, create all the necessary conditions for its implementation, timely pay wages and provide all guarantees provided for by labor legislation. The employee, for his part, undertakes to provide the labor function assigned to him and to comply with the rules adopted in the company or organization.

The first page of the employment contract must contain the identifying information of the employee and the employer

An employment contract is concluded in the process of hiring an employee for work. There is no strict requirement to complete it within a certain period of time after, for example, an interview, and it does not make sense. After all, the hiring process can take a lot of time; oral agreements between the parties on the start date of work often play a big role. In some cases, an applicant for a vacancy needs time to complete all matters at his previous job - from the two weeks allotted by the Labor Code (Labor Code of the Russian Federation) to notify the current employer of the upcoming dismissal, to another date agreed upon by the future employee and his current employer. Other companies may be looking for an employee for the future.

A real-life incident: a job seeker applied for a vacancy in the Russian representative office of an American company. He successfully went through all the stages of selection, and then it turned out that they would be happy to see him... in six months. This is a common practice in the USA. Only the candidate needed the job today and now.

It's a different matter when it comes to an employee going to work. The law allows three days for concluding an employment contract with him. No more than three days from the date of signing the employment contract are allotted for issuing an employment order.

Not only legal entities, but also individuals, including those with individual entrepreneur status, have the right to act as an employer. Individuals without individual entrepreneur status can act as an employer when hiring gardeners, housekeepers, nannies and other household staff. But with regard to the employee, the spectrum is not so wide. By law, only individuals can act in this capacity.

If a potential employee is registered as an individual entrepreneur, this is not an obstacle to employment. It’s just that his work for hire cannot be considered an entrepreneurial activity, the salary is subject to personal income tax and is not reflected in the individual entrepreneur’s reporting, and all guarantees are provided by the employer, such as: payment of sick leave and vacations, contributions to extra-budgetary funds (which does not relieve one from the obligation to make them for oneself) as an individual entrepreneur) and others rely on him in full.

The law allows for the conclusion of two types of employment contracts:

urgent, which specifies the expiration date of its validity;
unlimited, which does not have an expiration date and can be terminated only according to the procedure provided for by law at the initiative of one of the parties on the grounds prescribed in the law (Labor Code of the Russian Federation).

In most cases, an employment contract is concluded for an indefinite period. When concluding an urgent agreement, the need for such an option must be justified, including in the text of the contract.

In some cases, the requirement to conclude a fixed-term employment contract may arise from the provisions of the current legislation regulating a particular area of activity of state and municipal organizations. On a competitive basis, for a certain period of time, school directors, rectors of universities, and chief doctors of medical institutions financed from the budget are hired. In the non-state sector, the procedure for appointing management employees may be regulated, for example, by the company’s charter and also imply appointment to a position with a limited term.

Registration of labor relations in 2019

From January 1, 2018, an employer who is a small business entity, which is classified as a micro-enterprise, has the right to conclude a standard employment contract with an employee, approved by the Government of the Russian Federation in August 2016. However, it is not necessary to focus on it. At his discretion, the employer can use his own version of the document or approach the standard form creatively, taking from it only those provisions that are relevant to him, or setting out individual points in his own edition. In this case, an important condition relates to the listing of the parties to the agreement with the individual entrepreneur. Thus, in the employment contract between the individual entrepreneur and the individual entrepreneur there must be a mandatory indication that the agreement is concluded between two individuals with the status of an individual entrepreneur.

An important condition is a legislative ban on contractual clauses that could worsen the position of the parties in comparison with the norms of legislation in the labor sphere. This applies, in particular, to such issues as vacation and its duration, sick pay, frequency of salary payments (according to the law and the standard contract, strictly twice a month), etc.

The form in which the employment contract is concluded must only be written. There can be no talk of any verbal agreements - this is a gross violation of the law.

When applying for a job and concluding an employment contract, you must provide the employer with the following package of documents:

passport or other identity document;
certificate of assignment of TIN;
work book, except for a part-time job;
SNILS;
military ID or other military registration document for those liable for military service;
document confirming the required qualifications, if applicable;
a certificate of no criminal record or termination of criminal prosecution on rehabilitative grounds for employment in positions for which current legislation requires applicants to have no criminal record;
a certificate from a drug dispensary for employment in positions for which the law provides for appropriate restrictions.

If a candidate is applying for a job for the first time and has not yet acquired a TIN, the employer must help him obtain one. The same is true with SNILS and a work book during initial employment.

Presentation of a passport by an employee when concluding an employment contract is mandatory

The new employee can begin to perform his official duties even before signing the contract. There is no violation of this if the employer meets the three-day deadline during which he must draw up an employment contract with him. But the start date of the employment relationship in this case will be considered not the date of signing the document, but the actual date of admission to work. However, in practice, contracts in such situations are often concluded retroactively. However, experienced HR specialists recommend issuing a hiring order from the date the employee actually leaves.

If the terms of employment include a probationary period, this must be agreed upon with the candidate before he starts work and reflected in the employment contract and employment order. When an order is issued before the contract is signed, the probationary period provision in it becomes mandatory. Otherwise, it will not be possible to include it in the employment contract.

The following samples will help you cope with the task of drawing up an employment contract:

standard employment contract (filling example);
employment contract with a minor employee;
open-ended contract for 0.5 rates;
open-ended employment contract with a probationary period.

Video: important nuances of concluding an employment agreement

Changes for microenterprises in 2019

Some changes also affected the employment contracts of those individual entrepreneurs who, according to the Federal Tax Service, were included in the state register of small and medium enterprises in the status of a micro-enterprise. It should be remembered that the Federal Tax Service enters information into the register independently, without notifying the individual entrepreneur, so it is recommended to periodically check the status of your enterprise in the register.

The law provides for the minimum maintenance of personnel records for microenterprises. At the same time, the main document regulating the legal relationship between the employer and the employee has become the employment contract, which provides for all aspects of the employee’s work activity - the amount of wages, the amount of compensation and bonuses, guarantees and insurance cases.

In 2019, due to widespread refusals to maintain internal business documentation in individual entrepreneurs and micro-enterprises, it became mandatory to draw up a standard agreement developed back in 2016. It is distinguished by the most complete compliance with the labor legislation of the Russian Federation and, in fact, replaces many acts of personnel documentation, which micro-enterprises, by virtue of a standard agreement, will be able to refuse. A template for a standard contract can be found freely available on the Internet. In particular, additional orders on wages, internal regulations, labor protection, shift work, etc. will become unnecessary. Also, the standard agreement will replace many job descriptions that burdened the documentation of small businesses.

Important! The introduction of a standard contract at a micro-enterprise and the refusal to maintain personnel documentation is formalized by order of the manager.

How to change an employment contract

The procedure for changing the terms of the contract depends on who initiates these innovations. It could be:

worker;
employer.

At the stage of discussing proposed changes, it is not necessary to put proposals in writing. But practice shows that in case controversial issues arise, it is still safer to do this. And after reaching agreements on changing working conditions, an additional agreement fixing all these agreements becomes mandatory.

An employee can submit an application addressed to the head of the organization, outlining the essence of the proposed changes. They could be, for example, a transfer to another position, to another department, a transition to part-time work, a revision of wages, etc.

If the employer agrees to the proposal, the parties draw up an additional agreement, which sets out everything they agreed on.

The employer can state his position orally or in writing, including by delivering the answer to the employee against signature, which is again more reliable in case of controversial situations.

Sometimes an employer does not have the right to refuse an employee. We are talking about transferring employees of the following categories to part-time work:

pregnant women;
one of the parents, guardians or guardians of a child under 14 years of age or a disabled child under 18 years of age;
caring for sick relatives recognized by a doctor as needing it.

The employer has the right to introduce changes to the employment contract both unilaterally and as a result of agreements with the employee.

Unilateral changes are possible if they become a consequence of technological changes (introduction of new production technology, correction of business processes, etc.) or organizational changes (enterprise reorganization). In case of controversial situations, the employer must be ready to prove this to regulatory authorities or the court.

It is enough to introduce such adjustments by order, which is familiarized to the employee against signature.

It is safer to conduct all negotiations on changes to the employment contract in writing.

If a two-way discussion is expected, the employee needs to send a corresponding proposal. You can voice it orally, but it is more reliable to do it in writing and hand it over for signature.

If both parties agree to the changes, they enter into an additional agreement to the employment contract. When a compromise is not reached, the terms of the agreement remain the same.

The employee must be informed about upcoming changes two months in advance. For individual entrepreneurs, this period is reduced to two weeks, and for religious organizations - to seven days.

A sample will help you draw up an additional agreement.

Video about unilateral changes to an employment contract by an employer

Transfer to another job

When transferring an employee to another position within a structural unit or to another division of the company, we can recommend the following procedure:

Reaching oral agreements between the parties on translation.
Submission by the employee of an application, which must contain:
- name of the organization, full name and position of the manager to whom the application is addressed;
- Full name and current position of the employee, if necessary - the name of the structural unit;
- name of the structural unit and position to which the transfer is expected;
- the date from which the employee begins official duties in a new capacity.
Approval of the application by everyone entitled to their position and by the head of the organization.
The procedure for approving an application depends on the document flow practices adopted in a particular company. Typically, this requires the consent of the employee’s immediate supervisor in the current position and the future manager in the new one, if a transfer from one structural unit to another is intended. But this is optional. The practice when everything is decided solely by the first person of the company is also acceptable, especially if this is stated in its Charter and/or local regulations.
Signing an additional agreement on transfer to another position (download sample).
Issuance of a transfer order.
Familiarization of the order with the employee's signature.

When are additional agreements still needed?

The Labor Code of the Russian Federation requires the following information to be included in the contract:

employee's position;
place of work;
working conditions according to their special assessment or workplace certification;
work start date;
salary and additional conditions of remuneration (if incentives, bonuses and bonus procedures are specified in local regulations, a reference to them is sufficient);
work and rest schedule;
for a fixed-term contract - the validity period and the reason for the urgency;
rights, duties and responsibilities of the parties;
the procedure for making changes to the contract and its termination;
procedure for resolving labor disputes.

Their changes must be reflected in the employment contract, which are made in the same manner as any adjustments:

Employee notification.
Discussion.
Signing of an additional agreement.
Issuance of an order.
Familiarize the employee with it.

Video about changing and terminating an employment contract

Agreement with an employer - an individual

Individuals can act as an employer if they:

registered as individual entrepreneurs;
are privately practicing notaries or lawyers;
use hired labor in household farming or creative activities, hire drivers or security guards.

There are additional conditions - an individual, in order to act as an employer, must be 18 years old and have an independent income.

By comparison, you can get hired at a younger age. Labor legislation sets the following lower limits for this:

from 16 years old;
from the age of 15, if the applicant for a vacancy has received a general education and is hired for a job that involves light work that does not cause harm to health, if the applicant has not received a general education and continues to study not full-time (correspondence, external studies, family education, etc.) etc.), work should also not interfere with his studies;
from the age of 14, with the consent of one of the parents or their substitutes, when hired for light work without harm to health and not to the detriment of studies, if the employee continues to study;
to a theater, circus, concert or cinematic organization - under 14 years of age, if the work being created does not harm the health and moral development of the child, with the consent of one of the parents or substitute persons. The agreement on behalf of such a child is also signed by one of the parents, guardians or trustees.

You can get a job not only in an organization, but also with an individual individual - the law equally protects the employee in both cases

Entrepreneurs have the right to maintain work books of employees, including registering them if the employee is officially employed for the first time and does not have such a document. Other individuals do not have the right to keep work records, but they are required to conclude an employment contract with the employee.

The law allows the conclusion of civil contracts between individuals, in which one of them acts as a customer.

Regardless of status, an individual is burdened with the obligation to transfer taxes from employee salaries to the budget and due contributions for them to extra-budgetary funds.

The employer's details are used as their full name, passport details, registration address, individual entrepreneur registration certificate data or extracts from the Unified State Register of Individual Entrepreneurs, including OGRNIP, notary licenses, lawyer certificates. Individuals who are not individual entrepreneurs or notaries indicate in the contract only passport data (series, number, by whom and when issued, department code, registration address).

An agreement with an individual employer must contain:

Full name and passport details of the employer;
Full name of the employee;
date and place of conclusion of the contract;
OGRNIP and license number, for whom it is applicable;
workplace address;
start date of the contract;
terms of remuneration and specific amount of remuneration;
labor protection provisions and reflection of hazardous or special working conditions, if applicable;
social guarantees;
work and rest schedule;
nature of the work, if applicable: traveling, mobile, etc.;
probationary period, if any;
rights and obligations of the parties.

If these criteria are not met, the contract will be invalid.

A sample of this document for employers - individuals will help you draw up an employment contract that meets all legal requirements.

Contract with remote worker

Changes to the Labor Code introducing the concept of a remote worker were introduced in 2013. Since then, such an employee must meet two criteria:

conclude a remote work agreement with the employer;
have an electronic digital signature.

There is also a legislative definition of remote work, which also contains two criteria:

the presence of some distance between the staff and the employer;
the employee does not have a specific workplace in an office or other production, warehouse or other premises on the employer’s premises.

Remote or remote work is usually distinguished from home work, which has been known since Soviet times. The main criteria are:

a homeworker can only work at home, and a remote worker can work anywhere;
The work of a homeworker has a certain physical, tangible result, while remote work does not always have this characteristic.

A remote worker can work anywhere, as long as there is Internet access and a power outlet for a laptop.

From the signs of remote work (telecommuting), it follows that the employment contract with such an employee indicates the remote nature of the work, and not the employee’s workplace. At the same time, the employer has the right to stipulate in it the requirement to stay in touch (online) at a certain time, submit final and intermediate results with dissuading deadlines and volumes, etc. All other working conditions are prescribed in the same order as in any other employment contract.

You can draw up an employment contract with a remote worker based on the sample.

The registration procedure differs in that the remote worker puts an electronic digital signature under the job application and employment contract, and instead of original documents (passport, TIN certificate, SNILS, military ID) provides scanned copies of them. He will be able to issue SNILS only on his own.

As for the work book, different options are possible by agreement of the parties. For example, organizing a trip for an employee to the head office with compensation for travel expenses. But you don’t have to formalize it at all. Confirmation of the length of service will be the copy of the employment contract due to the employee, which the employer is obliged to send to him by mail.

Cases of remote work were known even at a time when the Internet had not yet been invented. It was in this mode that, for example, the own correspondents of Soviet newspapers worked in the regions, regional districts, if we were talking about a regional publication, and abroad. They most often used their apartment or office housing provided by the editorial office as a correspondent office.

Material liability

For damage to the employer's property, the employee will bear liability, albeit limited.

As a general rule, an employee's financial liability is limited. He is responsible only for losses caused to the employer related to damage to property due to his fault, including loss and damage or costs of acquiring new property or its restoration and repair.

Such damage must be recognized as direct and actual and must be compensated within the limits of the employee’s average earnings.

Everything else, especially natural wear and tear and depreciation, is the responsibility of the employer and cannot be compensated at the expense of the employee.

Full employee responsibility

Full financial liability of an employee is possible if the following conditions are met:

the employer's staffing table contains positions from the list approved by Resolution of the Ministry of Labor No. 85 dated December 31, 2002, and the employee who is given full responsibility occupies exactly such a position;
the employee is 18 years old;
The employee’s activities and official duties involve the use of material, monetary values or other property.

The agreement on full financial liability, mandatory in such cases, is concluded separately. You can create it using a sample.

If the employee does not meet at least one of the listed criteria, there is no point in concluding such an agreement with him: it will be declared illegal and invalid.

Responsibility of the employer to the employee

The employer is financially liable for violation of labor laws

In some cases, the employer also bears financial responsibility to the staff. This happens in the following situations:

the employer unlawfully deprived the employee of the opportunity to work, and therefore the opportunity to earn money, thereby causing material damage;
failed to timely pay the employee wages and/or other money due to him;
caused moral harm to an employee by his unlawful actions;
caused damage to the employee's property.

Illegal deprivation of the right to work means the following cases, strictly limited by law (the list is exhaustive):

Illegal dismissal of an employee, illegal removal from work or transfer to another job;
Failure to comply or untimely execution of a court decision or resolution of a higher or supervisory body in a labor dispute, which contains instructions on the employee’s reinstatement at work;
Untimely issuance of a work book to a resigned employee, as well as incorrect wording in the dismissal order and in the entry in the work book.

For example, in case of illegal dismissal, the employer is obliged to pay the employee for forced absence for the entire time, starting from the date of suspension from work until the day of reinstatement at work. In this case, for each day of delay in payment of wages or other payments, a penalty is charged for the entire amount of the debt.

An employee has the right to demand compensation for moral damage in case of any violation of his rights by the employer.. The amount of such compensation is proposed by the employee himself in the statement of claim, and is finally determined by the court.

There is a known case where an employer refused to employ a candidate referred by an employment center because of his age. The citizen went to court, which recognized the refusal as a violation of labor legislation, and determined compensation for moral damage in the amount of 100 thousand rubles.

Despite the apparent cumbersomeness of the procedure, an employment contract is one of those cases where it is difficult only at first. In practice, you will have to tinker a lot only when hiring the very first employee. And then the process will become routine, and the main task will only be timely monitoring of changes in legislation and making appropriate adjustments to the standard documentation.

No similar entries found.