What should be mandatory in an employment contract? Mandatory terms of the employment contract. Mandatory information of the employment contract

There is no single standard form of an employment contract in the legislation. At the same time, the basic requirements for the content of the contract are established by Article 57 of the Labor Code. It must include certain information and mandatory terms mentioned in this article. In addition, the parties, according to their agreement, have the right to include additional conditions in it. Let's present them in the form of a table.

Information and conditions specified in the employment contract	Note
Contract information
Last name, first name, patronymic of the employee	Given in accordance with the employee’s passport data
Employer name	Provided in accordance with the company's articles of association
Employee's passport details
Company INN
Information about the employer’s representative who signed (his full name, position, document on the basis of which he acts)	A company representative can act on the basis of the charter (for example, director) or power of attorney
Place and date of conclusion of the contract	Legal or actual address of the company
Prerequisites
Place of work, and if the employee is hired by a branch, place of work indicating the name of the branch
The specific type of work assigned and the position of the employee in accordance with the staffing table, profession, specialty, indicating his qualifications. If an employee, by virtue of his position or profession, has the right to benefits or compensation, then this information is provided in strict accordance with the Qualification Directory of Positions of Managers, Specialists and Other Employees (*)
For open-ended employment contracts - start date of work
For contracts concluded for a specific period - the start and end dates of work, as well as the grounds on which a fixed-term rather than an open-ended employment contract was concluded with the employee	The grounds for concluding a fixed-term employment contract are defined in Art. 59 Labor Code of the Russian Federation. Please note: in the absence of sufficient grounds for concluding a fixed-term contract established by the court, the contract will be recognized as concluded for an indefinite period
Terms of remuneration: tariff rate or salary, additional payments, allowances, incentive payments	Additional payments, allowances and incentive payments may be established by local acts (for example, regulations on bonuses). In this case, the employment contract provides a link to the relevant local act
Working hours and rest hours	This data is provided if the work and rest schedule for a particular employee differs from the general rules in force in the company
The amount of compensation for hard work and work in harmful or dangerous conditions, as well as characteristics of working conditions in the workplace	This data is provided if the employee is hired under appropriate conditions.
Conditions that determine the nature of the work (for example, mobile, traveling, on the road)	This data is provided if the employee is hired under appropriate conditions
Condition for compulsory social insurance of an employee
Other conditions, if their necessity is provided for by regulations that contain labor law norms
Additional terms
About the probationary period	The maximum for managers and chief accountants (their deputies) is 6 months. For other employees - 3 months. When concluding a contract for a period of 2 to 6 months, the maximum trial period is 2 weeks. The time during which the employee did not work (for example, was sick or absenteeism) is not counted towards this period. Persons who cannot be given a probationary period are listed in Art. 70 Labor Code of the Russian Federation
On non-disclosure of state, official or commercial secrets	The condition is established if the employee’s work is related to his access to secrets. Information that cannot constitute a trade secret is listed in Art. 5 of the Federal Law of July 29, 2004 No. 98-FZ
On the employee’s obligation to work for a specified period after training, if the training was carried out at the expense of the company
On the types and conditions of additional employee insurance
On improving the social and living conditions of the employee and his family members (for example, on payment of housing and communal services)
On clarifying the rights and obligations of the employee and the employer

(*) approved fast. Ministry of Labor of Russia dated August 21, 1998 No. 37

If the employment contract did not include any data or conditions, it must be supplemented with them. The missing information (for example, the employee’s passport details) is included in the text of the contract. The missing conditions may be specified in the annex to it or stated in a separate agreement (*). These documents are drawn up in writing and are an integral part of the employment contract.

(*) Art. 57 Labor Code of the Russian Federation

One of the main problems associated with the terms of an employment contract: is it possible to indicate in it not the specific salary (tariff rate) of the employee, but only provide a link to? (That is, in the section of the contract that is devoted to the terms of remuneration, for example, the following phrase will be given: “Set the salary according to the staffing table.”) To answer this question, let us turn to Article 57 “Content of the employment contract” of the Labor Code. It states that “mandatory for inclusion in the employment contract are... the terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments).” Thus, the Code does not provide for the possibility of references in the contract to the company’s local regulations, which include staffing. The employment contract must specify the specific salary (tariff rate) of the employee. Otherwise, we can say that the terms of the contract do not comply with the requirements of current labor legislation. True, exceptions to this rule are possible. For example, when the employee is not set a fixed salary or tariff rate (in particular, when remunerating labor on a piecework or commission basis). In such a situation, the contract must stipulate a specific procedure for calculating the employee’s wages (for example, the percentage of a particular indicator within which the employee’s wages are calculated is determined).

In addition, it is not allowed to set wages for employees in foreign currency. The fact is that, according to Article 131 of the Labor Code, wages are paid in the currency of the Russian Federation - rubles. The Code does not make exceptions to this rule. Therefore, in the employment contract, the employee’s salary must be determined in rubles. Rostrud (*) adheres to a similar point of view. Even the condition on determining wages in foreign currency and paying them in rubles at one or another exchange rate does not comply with labor legislation.

(*) letters of Rostrud dated July 28, 2008 No. 1729-6-0, dated March 11, 2009 No. 1145-TZ, dated June 24, 2009 No. 1810-6-1

Expert opinion

When paying wages set in foreign currency in rubles at the Bank of Russia exchange rate, its size will inevitably fluctuate (both down and up). That is, in fact, there will be a permanent change in the terms of the employment contract regarding remuneration. But the legislator proceeds from another general rule: any adjustments to the terms of the employment contract should not be made automatically, but only by written agreement between the employee and the employer (Article 72 of the Labor Code of the Russian Federation).

Since setting wages in employment contracts in foreign currency and their subsequent payment in rubles at the Bank of Russia exchange rate is recognized as an offense, a company that practices this method of calculating and paying wages to its staff faces risks associated with the threat of being held accountable.

A. Kurushin, expert of the Legal Consulting Service GARANT

A. Kikinskaya, reviewer of the Legal Consulting Service GARANT

Before signing an employment contract, the future employee must be familiarized with the internal labor regulations and local regulations adopted by the company and directly related to his work activity (*). In addition, the employee must be familiarized with his job description.

(*) Article 68 of the Labor Code of the Russian Federation

Based on materials from the reference book "Salaries and other payments to employees"
edited by V. Vereshchaki

Do not confuse the place of work and the workplace. Place of work is the name of the employer. If an employee is accepted into a branch of the organization located in another area, then the contract indicates its location. Example: “The employee’s place of work is Moscow Windows LLC located at: Moscow, st. Moskovskaya, 29.” 2.Labor function. A labor function is work according to a position, profession, specialty, indicating the qualifications or specific type of work assigned to the employee. The employer can determine the title of the position for work not related to harmful and dangerous working conditions independently. If the work involves harmful and dangerous working conditions, i.e.

The following conditions are mandatory for inclusion in an employment contract:

condition on compulsory social insurance of the employee in accordance with Labor Code and other federal laws.
other conditions, in cases provided for by law. List of conditions of the employment contract provided for in Part 2 of Art. 57 is not exhaustive. Legislation and other regulatory legal acts containing labor law norms may provide for other conditions as mandatory conditions of an employment contract.

Article 57. Contents of the employment contract

In Russia, legislation strictly regulates the issue of formalizing the relationship between workers and employers, and that is why it provides for mandatory terms of the employment contract in 2018, which must be present in the concluded document, regardless of other circumstances. The absence of one of the mandatory conditions for inclusion in an employment contract in some cases may lead to the recognition of the document as invalid in certain parts of it, or to the liability of the employer, or other negative consequences.

That is why each party to the relationship should be aware of what information should be present in the employment contract and check its availability.

My own lawyer

In the latter case, the employee must be familiarized with the content of these regulatory legal acts and the collective agreement against signature;

working hours and rest hours. This condition is mandatory if the regime under this employee’s employment contract does not coincide with the general regime of work and rest applicable to the employer;
compensation for hard work and work with harmful and (or) dangerous working conditions, as well as characteristics of working conditions in the workplace, if a person is hired for a job of this kind;
conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, etc.). In accordance with Art.

Article 57 of the Labor Code of the Russian Federation. contents of the employment contract

If, in accordance with this Code and other federal laws, the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards; (as amended by Federal Laws dated February 28, 2008 N 13-FZ, dated December 3, 2012 N 236-FZ) (see.

Mandatory terms of the employment contract

Conditions that must be included in an employment contract. The content of an employment contract is a set of information and conditions.

Important

The employment contract consists of three parts. The first part includes information characterizing the employee and the employer, the second - the mandatory terms of the employment contract, and the third - the terms of the employment contract that the parties could establish at their own discretion. In personnel records management, it is important to observe these features of drawing up an employment contract.

The terms of the employment contract are included in its content by agreement of the parties. They are divided into direct ones, stipulated directly by the parties in the written text of the employment contract, and derivatives, provided for by law, agreement by virtue of the conclusion of the employment contract (on the procedure for transfers, dismissal, labor protection rules, etc.).

Employment contract part 3

Info

Article 56 of the Labor Code of the Russian Federation suggests that even the absence of information required to be indicated in an employment contract may not be a sufficient basis for its termination or invalidation. If any mandatory information was omitted when drawing up and signing a document, the parties have the right to change the provisions of the concluded contract by means of an agreement, or to seek a change in the employment contract in court.

Attention

What conditions are mandatory for inclusion in an employment contract? Conditions that are mandatory for inclusion in an employment contract, as mentioned earlier, are considered primarily by the provisions of Article 57 of the Labor Code of the Russian Federation. Since the number of these conditions is quite large and each of them may have its own individual features of legal regulation, they can be divided into key groups, which will subsequently be considered in more detail.

What information is included in an employment contract?

Let us remind you that an employment contract that does not indicate a validity period is considered concluded for an indefinite period, i.e., unlimited (Article 58 of the Labor Code of the Russian Federation);

terms of remuneration. The contract specifies the size of the tariff rate or salary, and may also stipulate additional payments, allowances, and incentive payments;
working conditions in the workplace.
They are determined based on the results of a special assessment and can be optimal, acceptable, harmful, dangerous (Letter of Rostrud dated November 20, 2015 N 2628-6-1 (clause 1); Part 1 of Article 14 of the Law dated December 28, 2013 N 426-FZ);
condition on compulsory social insurance of the employee.

Information provided by the employee in the employment contract To conclude an employment contract, the employee is required to provide only a passport. Since the mandatory terms of an employment contract include (Art.

For example, an employee must be insured against accidents. The types and conditions of social insurance are established by federal legislation on compulsory social insurance. If the employer provides additional insurance to the employee (for example, pension or medical), then this must be specified in the employment contract. 7) On the start date of work, and in the case where a fixed-term employment contract is concluded, also its validity period and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract. As a general rule, the start of work under an employment contract is determined by a calendar date or a specific day, that is, a designated specific date, month and year.

ETKS, EKS) and professional standards. Example: For the position: “The employee is entrusted with performing work as a design engineer.” For the profession: “The employee is hired as a mechanic of the 3rd category.” 3. Start date of work. The start date of work may differ from the date of conclusion of the employment contract. If the start date of work is not specified in the employment contract, then the employee must begin work on the day following the day the employment contract is signed. Example: “The employee is obliged to begin performing his job duties on December 17, 2017.” Note: when an employee is actually allowed to perform work, the employer is obliged to conclude an employment contract with him no later than 3 days from the date of such admission. 4.

Duration of the contract This clause is indicated only in a fixed-term employment contract. In this case, in addition to the validity period of the contract, the basis for its conclusion is also indicated.

The following conditions are mandatory for inclusion in an employment contract:
1) About the place of work or location of the structural unit. The place of work is understood as a specific organization - a legal entity that has its own name. If an employee is hired by a branch, or a representative office of a legal entity, or another separate structural unit of an organization located in another locality, the employment contract specifies the place of work, indicating the separate structural unit and its location.

2) About the labor function that the employee will perform for the relevant position, qualifications in accordance with the staffing table, or about the specific type of work assigned to the employee.

3) On the conditions determining the nature of work(related to traveling, work on the road, etc.). On compensation payments for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions in the workplace.
Work is considered to be of a traveling nature if it involves employees performing labor functions at facilities located at a considerable distance from the employer’s location, or frequent trips by employees on behalf of the employer. Work is characterized as work on the road if the employee’s labor function is performed while the vehicle is moving (for example, supervisors (foremen) of passenger trains, carriage conductors, etc.). Such an employment contract must also indicate whether the work function is expected to be performed permanently or periodically under the specified conditions. In this case, the employer reimburses travel expenses related to business trips; for renting residential premises; related to living outside the place of permanent residence (for example, daily allowances); other expenses incurred by employees with the permission or knowledge of the employer.
The amount and procedure for reimbursement of expenses associated with business trips of these employees, as well as the list of jobs, professions, and positions of these employees are established by a collective agreement, agreements, and local regulations. Conditions for reimbursement of expenses can also be included in the employment contract. This is advisable if the organization has not adopted a collective agreement or a corresponding local regulation. Working in these conditions adversely affects the health of the employee (physical and mental), and his social life (personal, family, public). To compensate the employee for the negative impact on health and disruption of social life, wage systems at enterprises may provide for the payment of appropriate allowances.
The employment contract must describe the working conditions at the workplace, a list of existing harmful (dangerous) factors determined based on the results of the certification, and a list of benefits provided in connection with this, for example, the purpose of milk.

4) About remuneration(including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). Despite the fact that this condition is mandatory, in real employment contracts they often indicate: “with a salary in accordance with the staffing table”, “in accordance with labor legislation”, etc. Sometimes there is no indication of the salary level at all. Often, employment contracts only define the official salary or the size of the tariff rate. Quite often, reference is made to local regulations of employers. All this is a violation of labor laws.
The condition on the amount of wages and its elements should not be formulated in the employment contract by reference to regulatory legal acts, a collective agreement or a local regulatory act.
Remuneration also refers to relations associated with the employer making payments to employees for their work, i.e. the employment contract must also indicate the conditions and terms of payment of wages.

5) About working hours and rest time(if for a given employee it differs from the general rules in force for a given employer).
In accordance with Article 91 of the Labor Code of the Russian Federation, working time is the time during which an employee, in accordance with the internal labor regulations of the enterprise and the terms of the employment contract, must perform labor duties. Normal working hours cannot exceed 40 hours per week, but for certain categories of workers (minors, disabled people, medical workers) preferential treatment is established.
A special working time regime in practice can be expressed, for example, in a part-time working day (shift), a different start and finish time from other employees, alternating working and non-working days, irregular working hours. The employment contract must clearly establish the specific working hours of the employee.
The general working hours of the employer can be changed upon concluding a collective agreement by agreement of the parties to the social partnership. When establishing working hours, the guarantees provided for employees must be observed (for example, reducing the duration of work at night and on the eve of non-working holidays). establishes types of rest time, including breaks during the working day (shift); weekend; non-working holidays; vacation.

6) On the conditions of compulsory social insurance for employees in accordance with labor laws. In some cases, the mandatory condition for social insurance will be determined depending on the nature of the work performed. For example, an employee must be insured against accidents. The types and conditions of social insurance are established by federal legislation on compulsory social insurance. If the employer provides additional insurance to the employee (for example, pension or medical), then this must be specified in the employment contract.

7) About the start date, and in the case where a fixed-term employment contract is concluded - also the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract. As a general rule, the start of work under an employment contract is determined by a calendar date or a specific day, that is, a designated specific date, month and year. Often, employment contracts specify a period of time after which, after the entry into force of the employment contract, the employee is obliged to begin work.
The start date of work is considered to be the date of actual start of work by the person with whom the employment contract is concluded, and not the date of conclusion (or registration) of the employment contract itself. When concluding a contract upon the employee’s return to work, the text of the contract must indicate exactly the date from which the employee actually began work, and not the date when the contract was drawn up in writing. If the employment contract does not specify the start date of work, the employee must begin work on the next working day after the contract enters into force. The contract comes into force from the day it is signed by the employee and the employer, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative.

8) The list of mandatory conditions of an employment contract is not exhaustive. Thus, according to Part 4 of Article 282 of the Labor Code of the Russian Federation, a mandatory condition of an employment contract concluded with a part-time worker is an indication that the work is a part-time job. When concluding an employment contract to perform seasonal work, by virtue of Article 294 of the Labor Code of the Russian Federation, a condition regarding the seasonal nature of the work must be included.

It should be borne in mind that if, when concluding an employment contract, it did not include any information or conditions provided for by labor legislation, this cannot be a basis for recognizing the employment contract as not concluded or for its termination. In this case, the employment contract must be supplemented with missing information or conditions. The missing information is included in the text of the employment contract, and the missing conditions are determined by an appendix to the employment contract or by a separate agreement of the parties in writing.
The parties to the employment contract may establish additional conditions. Such conditions may include, for example, conditions on establishing a probationary period when hiring, on additional leaves in excess of those provided for by law and the collective agreement, etc. If the parties include additional conditions in the content of a specific agreement, then they automatically become mandatory for their implementation.
An employment contract may contain conditions for the employee not to disclose information constituting an official or commercial secret that has become known to the employee in connection with the performance of his official duties. A specific employment contract must clearly indicate what information containing official or commercial secrets is entrusted to this employee.

Salaries calculated arbitrarily by an accountant are not subject to insurance contributions.

If the chief accountant regularly transferred to himself a salary in an amount greater than that stipulated in the employment contract, the amounts of such excess are not included in the contribution base.

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Changed electronic document management operator - inform the Federal Tax Service

If an organization refuses the services of one electronic document management operator and switches to another, it is necessary to send an electronic notification about the recipient of the documents via TKS to the tax office.

Mandatory terms of the employment contract form the content of the employment contract (Article 57 of the Labor Code of the Russian Federation). If all of them are fully reflected in the contract, then the likelihood of disagreements with the employee and claims from labor inspectors is reduced. So the advantages of a properly executed employment contract are obvious.

Mandatory terms of an employment contract in 2017

At the beginning of the employment contract with the employee, the following are indicated (Article 57 of the Labor Code of the Russian Federation):

place of conclusion of the agreement - the locality where the agreement was signed and the date of conclusion of the agreement;
the name of the employer or the full name of the entrepreneur-employer, as well as the full name of the employee (read about the employee’s information in the contract below);
information about the employer’s representative whose signature will appear on the employment contract, as well as the basis of his powers. Traditionally, such a representative of the organization is its head, acting on the basis of the charter.

Conditions that must be included in an employment contract are:

place of work, indicate the name of the company. But if the employee works in a branch of the organization (division, department, etc.) located in another area, then he must be indicated as the place of work. For example, Kaleidoscope LLC, an additional office in Istra, Moscow region;
the employee’s labor function is a position or profession in accordance with the organization’s staffing table. In essence, the labor function must specify the type of work assigned to the employee. According to the explanations of Rostrud, hiring an employee for a position not included in the staffing table, when checked, may lead to an administrative fine (Article 5.27 of the Code of Administrative Offenses of the Russian Federation. Letter of Rostrud dated January 21, 2014 N PG/13229-6-1). And if you hire an employee for a position, the work of which involves providing him with compensation or benefits, then the name of the position and the qualification requirements for it must comply with the requirements established by the qualification directory or the provisions of the professional standard (Article 195.3 of the Labor Code of the Russian Federation). Otherwise, you can get fined (Part 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation);
work start date. An employee who has entered into an employment contract is obliged to begin performing his work duties from this date. If the contract does not indicate the start date of work, then the employee must begin work the next day after signing it (Article 61 of the Labor Code of the Russian Federation). The fixed-term employment contract must also indicate the duration of its validity and the reason for the urgency. Let us remind you that an employment contract that does not indicate a validity period is considered concluded for an indefinite period, i.e., unlimited (Article 58 of the Labor Code of the Russian Federation);
terms of remuneration. The contract specifies the size of the tariff rate or salary, and may also stipulate additional payments, allowances, and incentive payments;
working conditions in the workplace. They are determined based on the results of a special assessment and can be optimal, acceptable, harmful, dangerous (Letter of Rostrud dated November 20, 2015 N 2628-6-1 (clause 1); Part 1 of Article 14 of the Law dated December 28, 2013 N 426-FZ);
condition on compulsory social insurance of the employee.

Information provided by the employee in the employment contract

To conclude an employment contract, the employee is required to present only a passport. Since the mandatory conditions of an employment contract include (Article 57 of the Labor Code of the Russian Federation):

information about the identity document;
last name, first name, patronymic of the employee and his passport details.

Typically, the future employee is also asked to provide copies of SNILS and certificates of registration with the tax authorities. But this information is needed for subsequent interaction between the employer and the Federal Tax Service and the Pension Fund branch. But for the purposes of concluding an agreement, they are not necessary.

Other mandatory terms of the employment contract

In some cases, the mandatory terms of an employment contract are determined by the nature of the work performed by the employee. For example, the contract must specify the employee’s work schedule if it differs from the main one for a given employer (Article 57 of the Labor Code of the Russian Federation).

Also a mandatory condition of the employment contract is:

condition on part-time work (Article 282 of the Labor Code of the Russian Federation);
conditions that determine the nature of the work: traveling, mobile, on the road, etc.;
guarantees and compensation for work under harmful and/or dangerous working conditions, if the employee performs such work (Article 57 of the Labor Code of the Russian Federation).

What should be specified in an employment contract

Good afternoon
When applying for a job at a Federal State Institution, an employment contract is drawn up, should it indicate the amount of my salary, i.e. salary, allowances for special working conditions, etc. As the company explained to me, a monthly bonus in the amount of salary and a quarterly bonus are paid in addition to wages. Should these bonuses (in monetary equivalent) be indicated in the employment contract? In addition, during the probationary period, the monthly bonus will not be paid; are the employer’s actions legal?
Thank you in advance for your response!

Article 57. Labor Code of the Russian Federation Contents of the employment contract
The employment contract specifies:
surname, name, patronymic of the employee and name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;
information about documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs);
information about the employer’s representative who signed the employment contract and the basis on which he is vested with the appropriate powers;
place and date of conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area - place of work indicating the separate structural unit and its location;
labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work assigned to the employee). If, in accordance with this Code and other federal laws, the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation;
(as amended by Federal Law No. 13-FZ dated February 28, 2008)
the date of commencement of work, and in the case where a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;
terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);
working hours and rest hours (if for a given employee it differs from the general rules in force for a given employer);
compensation for hard work and work under harmful and (or) dangerous working conditions, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions in the workplace;
conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road, other nature of work);
a condition on compulsory social insurance of the employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If, when concluding an employment contract, it did not include any information and (or) conditions from those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or for its termination. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by an annex to the employment contract or a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.
The employment contract may provide for additional conditions that do not worsen the employee’s position in comparison with established labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, in particular:
on clarification of the place of work (indicating the structural unit and its location) and (or) the workplace;
about the test;
on non-disclosure of secrets protected by law (state, official, commercial and other);
on the employee’s obligation to work after training for no less than the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional employee insurance;
on improving the social and living conditions of the employee and his family members;
on clarification, in relation to the working conditions of a given employee, of the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and employer arising from the terms of the collective agreement and agreements . Failure to include any of the specified rights and (or) obligations of the employee and employer in the employment contract cannot be considered as a refusal to exercise these rights or fulfill these obligations.
This information must be provided.

Read also: Internal investigation labor code

1.1. What must be included in an employment contract?

The list of conditions that must be specified in the employment contract is one of the innovations of the Labor Code. Such a list is contained in Article 57 of the Labor Code of the Russian Federation. First of all, the contract must indicate the name of the organization or full name. citizen-employer, as well as full name. employee.

Then indicate in the contract:

— place of work (indicating the structural unit) of the employee;

— start date of work;

- position, specialty, profession of the employee, as well as his qualifications. The position title and qualification requirements must comply with the organization’s staffing table or official qualification directories;

— rights and obligations of the employee;

— rights and obligations of the employer;

— working conditions, compensation and benefits to employees for working in difficult, harmful and (or) dangerous conditions;

— work and rest schedule (if for a given employee it differs from the general rules established in the organization);

— terms of remuneration (including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments);

— types and conditions of social insurance related to work.

In addition, the employment contract may provide for conditions on probation, on non-disclosure of state, official, commercial and other secrets, on the obligation of an employee who has undergone training at the expense of the company to work after training for a certain time. But all these conditions should not be worse than those provided for by the Labor Code.

Also note: if a fixed-term employment contract is concluded, then it indicates the duration of its validity and the reason for which it was concluded.

The terms of an employment contract can be changed in a written agreement between the employee and the employer.

1.2. Probationary period as a condition of an employment contract

The employer can include this condition in the employment contract in order to ensure the labor qualities of the new employee (Article 70 of the Labor Code of the Russian Federation). If the employee does not pass the test, then the administration has the right to dismiss him without paying severance pay and without the consent of the trade union (if there is one at the enterprise).

However, the employee must be informed of dismissal in writing no later than three days in advance. This is another innovation in the code: previously, an employee who failed to complete the probationary period did not need to be warned of dismissal.

During the probationary period, the employee himself can quit at any time, notifying the administration of the enterprise about this also three days in advance.

The probationary period clause must be explicitly included in the text of the employment contract so that the employer has the right to refer to it. Please note that if this condition is not in the contract, then it is considered that the employee began to perform labor duties without testing, even if the condition is contained in a collective labor agreement or a local regulatory act.

During the probationary period, the employee is subject to the provisions of the Labor Code of the Russian Federation, laws, other legal acts, local regulations, and the collective agreement.

Please note that an employment test cannot be established for:

— citizens hired through a competition;

— citizens under the age of 18;

- citizens who have graduated from educational institutions of primary, secondary and higher vocational education and are entering work for the first time;

- citizens elected to an elective position;

- citizens invited to work by way of transfer from another employer as agreed between the heads of organizations.

The trial period cannot exceed three months. However, for heads of enterprises, their deputies, chief accountants and their deputies, heads of branches and other separate divisions, the probationary period can be extended to six months. Previously, a six-month probationary period could be established for any employee in agreement with the trade union (Article 22 of the Labor Code of the RSFSR).

The probationary period does not include the time when the employee was on sick leave or other periods when he was actually absent from work.

February 18, 2002 Petrova A.N. got a job as chief accountant at JSC Columbus. Her employment contract establishes a probationary period of six months - until July 18, 2002.

Petrova A.N. From April 1 to April 8, 2002, she was on sick leave, and from May 3 to May 11, she took leave without pay. Therefore, A.N. Petrova has a probationary period. ends July 28, 2002. But since this is Sunday, the last day of the probationary period is postponed to July 29, 2002.

If the probation period has expired and the employee continues to work, then it is considered that he has passed the test and now the administration has the right to dismiss him only on general grounds.

Employment contract: subtleties that not everyone knows about

Another employment contract? So much has been written and said about him that the latest expert explanations are perceived with some bewilderment: “Well, this is a hackneyed topic!” And yet it is difficult to overestimate the importance of such an institution as the “Employment Contract”. How to draw up impeccable contracts that take into account the interests of both parties and fully comply with legal requirements, says Tatyana Shirnina, leading lawyer of the Labor Law Department of the IPK.

An employment contract is the main regulator and guarantor of legal relations between an employee and an employer, which accompanies the work activities of each employee of the company. And, of course, this is one of the most important documents requested by inspection authorities during inspection.

The main current instruction when drawing up employment contracts is Article 57 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). It is highly advisable for the specialist responsible for the development of such a significant document to know all the provisions by heart.

What does an employment contract consist of?

First of all, it is important to distinguish between information and the terms of the employment contract. To make it easier to understand, let’s present a visual diagram:

Why is it so important to highlight information and conditions? The fact is that the procedures themselves - changes in information and changes in the terms of the employment contract - are completely different. If, when changing/adding missing information it is allowed to make adjustments to the document itself, then when changing conditions employment contract must adhere to the procedure established by the Law (Articles 72 and 74 of the Labor Code of the Russian Federation).

Commentary to Art. 57 Labor Code of the Russian Federation

1. The ambiguity of the very concept of “agreement” allows us to distinguish an employment contract as a legal fact, an agreement of the parties, an employment relationship and, finally, as a written document. The commented article 57 of the Labor Code of the Russian Federation, interpreting the content of an employment contract exclusively in its final meaning - as a written document, formulates a certain system of requirements for the content of this document, and in other words - for the form of the employment contract.

It is necessary to distinguish between the concepts of “details” and “conditions” of the contract. The details of a contract as a written document are the ordered information contained in it, namely data on the place of its conclusion; parties to the contract; rights and obligations of parties of a non-contractual nature, etc. The terms of the employment contract are developed by the parties and, therefore, represent an agreement between the employee and the employer on certain aspects of the interaction of the parties within the framework of the employment relationship. The terms of an employment contract constitute its content as an agreement of the parties and, as a general rule, are included in the contract (as a written document).

The commented article 57 of the Labor Code of the Russian Federation in Part 1 establishes the mandatory indication in the employment contract of such details as its subject composition (last name, first name, patronymic of the employee), as well as the name of the employer (last name, first name and patronymic of the employer - an individual).

When formulating information about an employer - a legal entity, you should also indicate information about its representative (body) and the legal basis that allows him to act on behalf of the employer, including concluding employment contracts.

Legislation (part 2 of article 273 of the Labor Code; clause 3 of article 103 of the Civil Code; article 69 of the Federal Law of December 26, 1995 N 208-FZ “On Joint-Stock Companies”) establishes cases when the management of an organization is carried out under an agreement with another organization (managing organization) or individual entrepreneur (manager). The functions of the individual executive body can be transferred to the manager in limited liability companies (Articles 40, 42 of the Federal Law of February 8, 1998 N 14-FZ “On Limited Liability Companies”). In such cases, when concluding an employment contract, the details of the contract on the basis of which the management organization or individual manager operates are indicated.

In large organizations, the right to conclude employment contracts may be granted not to the director, but to one of the organization’s managers (for example, the HR director). In this case, the employment contract specifies the basis on which the relevant manager acts (for example, an order from the general director on the redistribution of powers to manage the organization or another local regulatory legal act).

c) agreement on the validity of the contract in time. This condition of the employment contract includes: the moment the employment contract begins; work start date; contract time; the moment of expiration of the contract.

The starting point of the employment contract is determined according to the rules established.

When formulating the conditions for the validity of an employment contract over time, it should be taken into account that the legislation recognizes as the main type a contract concluded for an indefinite period (). When concluding an employment contract for an indefinite period, it indicates the start date of its validity. A fixed-term employment contract specifies the validity period and the circumstance (reason) that served as the basis for its conclusion in accordance with the Labor Code of the Russian Federation and other federal laws (see Article 59 of the Labor Code of the Russian Federation and the commentary thereto).

Since the employment contract is of a continuing nature, when concluding it, the parties must agree on the terms of the validity of the contract over time. If the contract is concluded for an indefinite period, the specified condition can be agreed upon either by default or by an appropriate clause in the text of the contract as a written document. When concluding a fixed-term employment contract, the parties must stipulate the duration of its validity as a mandatory condition of the contract;

d) wage agreement. Within the framework of this condition of the employment contract, the following is fixed: the amount of wages (tariff rate or official salary of the employee, additional payments, allowances and incentive payments); the procedure for its payment (the right to an advance, the amount of the advance, the place and procedure for paying wages, etc.);

e) agreement on work and rest schedules. The regime of working hours and rest time refers to those conditions of the employment contract regarding which the parties cannot fail to reach an agreement when concluding an employment contract. Just like the term of the contract, the condition in question can be established by default (in this case, it should be considered that the parties have reached an agreement on the employee’s work under the conditions of work and rest established by the general rules in force for this employer). If the regime of working time and rest time differs from that generally accepted by the employer, an agreement on this matter, indicating the working regime established for the employee, is recorded in the text of the employment contract as an essential condition constituting its content;

f) an agreement on the nature of the work (mobile, traveling, on the road, etc.) is one of the mandatory conditions of the employment contract. This condition can be established in two ways.

The specified agreement may be an element of an agreement on the labor function: by defining a position or profession or specialty, the parties thereby establish a condition on the nature of the work. In this case, the nature of the work can be specified by the relevant instructions for the position or the tariff and qualification characteristics of the profession (specialty), which the employee must be familiar with when concluding an employment contract before it is signed by the parties (see Article 68 of the Labor Code of the Russian Federation and the commentary thereto).

Or, if it is necessary to individualize the nature of the work in relation to a specific employment relationship, the nature of the work becomes the subject of negotiations between the parties and is fixed in the text of the employment contract as a condition constituting an element of the content of the contract;

g) working conditions at the workplace. Working conditions are a set of factors in the working environment and the labor process that affect the performance and health of the employee. Among these factors, the legislator identifies harmful and dangerous production factors and, in addition, defines the concept of safe working conditions (see Article 209 of the Labor Code of the Russian Federation and the commentary thereto). Along with those specified in the employment contract, other working conditions can be agreed upon (work on a specific unit, the use of certain methods and techniques in the course of the employee’s work activity, etc.), which are of significant importance for both parties to the contract or one party and are therefore stipulated in the labor contract. agreement

4. The legislator considered it necessary in Part 3 of Art. 57 of the Labor Code of the Russian Federation, emphasize that if, when concluding an employment contract, it did not include any information and (or) conditions from those specified in Parts 1 and 2 of Art. 57 of the Labor Code of the Russian Federation, this is not a basis for recognizing an employment contract as not concluded or for its termination. In this case, the contract must be filled in with missing information (conditions). The missing conditions are determined by an annex to the employment contract or a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.

Such a clarification by the legislator seems quite reasonable if the employment contract is interpreted solely as a written document. However, an employment contract, unlike, say, notarial deeds, is not a strictly formalized document and cannot act as such, therefore the absence of certain details in its text does not discredit the document itself as a whole; missing details can be filled in in the form and manner established by law.

At the same time, if we interpret an employment contract as an agreement that gives rise to the rights and obligations of the parties in the labor relationship arising on its basis, then the solution proposed by the legislator is essentially an avoidance of the problem. Indeed, it is possible to supplement an agreement as a written text with an additional agreement regarding one or another condition - but only if the parties reach agreement on the relevant condition. What should be the solution in the absence of fundamental agreement?

There are currently two possible solutions to this problem. If disagreements regarding a specific condition were discovered and were not resolved before the employee began work, the contract should be considered not concluded, i.e. non-existent. If such a situation is discovered after the employee has started work, the employment contract must be recognized as concluded and entered into force; Accordingly, if it becomes impossible to resolve the disagreement, it must be terminated. The basis for (see Article 78 of the Labor Code of the Russian Federation and the commentary thereto) or, if the employment contract is terminated at the request of the employee, is the employee’s initiative (see its).

A similar approach should be applied to those terms of the employment contract that the Labor Code of the Russian Federation defines as additional.

5. Additional (optional) terms of the employment contract are established at the initiative of the parties (employee or employer). Their absence in the text of the contract does not cast doubt on the employment contract itself - it will be valid without additional conditions. However, if the interested party insists on including a particular condition in the contract, it must be established, otherwise the employment contract cannot be considered concluded.

Additional (optional) conditions of the employment contract are conditions on probation, on non-disclosure of secrets protected by law (state, official, commercial and other), on the employee’s obligation to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer, as well as others conditions.

For employment testing, see Art. , to them.

6. The Labor Code of the Russian Federation classifies non-disclosure of legally protected secrets (state, official, commercial and other) as optional conditions of an employment contract.

State secret is information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational investigative activities, the dissemination of which could harm the security of the country. The list of information constituting a state secret is a set of categories of information, according to which the information is classified as a state secret and is classified on the grounds and in the manner established by federal legislation (Article 2 of the Law of the Russian Federation of July 21, 1993 N 5485-1 " About state secrets"). The list of information constituting a state secret is contained in Art. 5 of the mentioned Law, as well as in the Decree of the President of the Russian Federation of November 30, 1995 N 1203 “On approval of the List of information classified as state secrets.”

The conclusion of an employment contract for work in this area is possible subject to the access of the relevant person to state secrets. The procedure for admitting officials and citizens to state secrets is determined by Art. 21 of the Law of the Russian Federation “On State Secrets” and by-laws (see also the commentary to it). The mutual responsibilities of the employer and the person being hired are reflected in the employment contract, the conclusion of which is not allowed until the completion of the relevant check by the competent authorities.

A commercial or official secret is a regime of confidentiality of information that allows its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses, maintain a position in the market for goods, works, services, or obtain other commercial benefits (Clause 1, Article 3 of the Federal Law of July 29 2004 N 98-FZ "On Trade Secrets").

Thus, a commercial or official secret has three characteristics: 1) the information that constitutes it is not known to third parties; 2) this information is closed from free access to it; 3) the owner of the information ensures its protection from access by third parties.

The issue of the commercial value of information, as well as the degree of its knowledge to third parties, is decided by the owner of the information. As for the other two signs of a commercial (official) secret, they must be legally formalized. First of all, the range of information that does not constitute a commercial (official) secret is determined. Information that cannot constitute an official or commercial secret is determined by law and other legal acts.

Thus, Federal Law No. 39-FZ of April 22, 1996 “On the Securities Market” in Ch. 7 defines the procedure and generally mandatory forms for disclosing information about securities.

The list of information in respect of which a trade secret regime cannot be established is established by Art. 5 of the Federal Law "On Trade Secrets".

The annual financial statements of an organization, with the exception of indicators classified as state secrets under the legislation of the Russian Federation, are open to interested users: banks, investors, creditors, buyers, suppliers, etc., who can familiarize themselves with the annual financial statements and receive copies of them with reimbursement of costs for copying. Moreover, the organization must provide an opportunity for interested users to familiarize themselves with the financial statements, and in cases provided for by the legislation of the Russian Federation, the organization publishes the financial statements and the final part of the audit report (clauses 89, 90 of the Regulations on accounting and financial reporting in the Russian Federation). Federation, approved by Order of the Ministry of Finance of the Russian Federation dated July 29, 1998 N 34n).

Along with formulating the range of information that does not constitute a commercial (official) secret, the legislation defines the characteristics of information that is confidential and not subject to disclosure. Information of this kind is determined by Decree of the President of the Russian Federation of March 6, 1997 N 188 “On approval of the List of confidential information.”

Characterizing certain information from the point of view of its confidentiality, we can distinguish three groups of information: 1) which, in accordance with the law, cannot be confidential (closed for access to third parties); 2) which is confidential due to a direct indication of a regulatory legal act of the state or an order of its competent official; 3) which is recognized as not subject to publicity by its owner - a private individual or legal entity.

The obligation to ensure the confidentiality of information related to the second group is assigned to the relevant person by direct order of a regulatory legal act or a state official. Thus, information that has become known to the employee of the civil registry office in connection with the state registration of a civil status act, including personal data, is information, access to which is limited in accordance with federal laws, and is not subject to disclosure (Article 12 of the Federal Law dated November 15, 1997 N 143-FZ “On acts of civil status”).

Information about the fact that a citizen has applied for medical care, his state of health and diagnosis, other information obtained during his medical examination and treatment constitutes a medical secret (Article 13 of the Federal Law of November 21, 2011 N 323-FZ "On the Fundamentals of Protection health of citizens in the Russian Federation"). Disclosure of information constituting medical confidentiality, including after the death of a person, by persons to whom they became known during training, performance of labor, official, official and other duties, is not permitted, except in cases established by law.

The employer is obliged to familiarize the employee with a range of information that, by virtue of the law and the specifics of the job function performed by the employee, is not subject to disclosure. The employee’s obligation not to disclose this information is included in the employment contract as an essential condition.

With regard to information related to the third group, the employer must determine the range of relevant information in the manner of local rulemaking (in the job description or in a special provision). In a local regulatory act, it is advisable to establish categories of employees, the degree and procedure for their access to information constituting a commercial (official) secret, as well as the types of persons and organizations at whose requests all or part of confidential information can be transferred to them. Information about the employee’s familiarization with the relevant local act and his obligation to ensure the confidentiality of information is included in the employment contract as an essential condition.

It is advisable to carry out such measures when organizing work with an employee’s personal data (see Chapter 14 of the Labor Code of the Russian Federation and the commentary thereto). If the information is personalized, i.e. is directly related to the identity of the employee, then data about it and the employee’s obligation to refrain from disclosing it are fixed in the employment contract.

As follows from Art. Art. 10, 11 of the Federal Law "On Trade Secrets", measures to protect the confidentiality of information taken by its owner must include: 1) determining the list of information constituting a trade secret; 2) restricting access to information constituting a commercial secret by establishing a procedure for handling this information and monitoring compliance with such a procedure; 3) accounting of persons who gained access to information constituting a trade secret and (or) persons to whom such information was provided or transferred; 4) regulation of relations regarding the use of information constituting a trade secret by employees on the basis of employment contracts and contractors on the basis of civil law contracts; 5) affixing on tangible media containing information constituting a trade secret, or including in the details of documents containing such information, the stamp “trade secret” indicating the owner of such information (for legal entities - full name and location, for individual entrepreneurs - surname, name, patronymic of a citizen who is an individual entrepreneur, and place of residence).

The trade secret regime is considered established after the owner of the information constituting a trade secret takes the specified measures.

Measures to protect the confidentiality of information are considered reasonably sufficient in the following cases: a) excluding access to information constituting a trade secret by any persons without the consent of its owner; b) ensuring the possibility of using information constituting a trade secret by employees and transferring it to counterparties without violating the trade secret regime.

In order to protect the confidentiality of information, the employer is obliged to: a) familiarize, against signature, an employee whose access to information constituting a trade secret is necessary for the performance of his job duties, with a list of information constituting a trade secret, the owners of which are the employer and his counterparties; b) familiarize the employee, against signature, with the trade secret regime established by the employer and with the penalties for violating it; c) create the necessary conditions for the employee to comply with the trade secret regime established by the employer.

An employee’s access to information constituting a trade secret is carried out with his consent, unless this is provided for by his job duties.

In order to protect the confidentiality of information, the employee is obliged to: a) comply with the trade secret regime established by the employer; b) not to disclose information constituting a trade secret owned by the employer and his counterparties, and not to use this information for personal purposes without their consent; c) transfer to the employer, upon termination or termination of the employment contract, the material media in the employee’s use containing information constituting a trade secret, or destroy such information or remove it from these material media under the control of the employer.

7. On the employee’s obligation to work after training for no less than the period established by the contract, if the training was carried out at the expense of the employer, as an optional condition of the employment contract, see Art. , and comments to them.

8. The parties may agree on the employer making additional payments in favor of the employee or providing social benefits. In particular, the parties may establish as a condition of the employment contract an agreement regarding additional insurance for the employee. The essence of this agreement is that the employer assumes the obligation to insure the employee on the terms offered by a specific insurance organization, or to provide additional insurance to the employee on the terms developed by the parties to the employment contract. In the same row is the condition for additional non-state pension provision for the employee.

9. List of additional (optional) conditions of the employment contract contained in Art. 57 of the Labor Code of the Russian Federation is not exhaustive. When concluding an employment contract, the parties have the right to agree on any other conditions that may both specify the content of the employment relationship and relate to other aspects of the relationship between the parties. For example, the parties may stipulate the employee’s use of his tools in the course of his work, the procedure for the employer to provide services for transporting the employee to and from the place of work, and household and socio-cultural services for the employee and his family members at the expense of the employer.

At the same time, there are restrictions regarding the scope of definition of additional (optional) conditions and their content, namely:

a) it is unacceptable in an employment contract to establish conditions related to the restriction of the rights and freedoms of the employee as a person and citizen. By virtue of Art. 17 of the Constitution of the Russian Federation, fundamental human rights and freedoms are inalienable and belong to everyone from birth, therefore their content cannot be the subject of any contract, including an employment contract.

Society guarantees everyone freedom of conscience and religion, including the right to profess individually or together with others any religion or not to profess any, to freely choose, have and disseminate religious and other beliefs and to act in accordance with them (Article 28 of the Constitution of the Russian Federation). Consequently, the employment contract cannot include conditions related to the employee’s refusal of a certain religion, transition to another religion, etc. An exception is an employment contract concluded with a religious organization (see).

By virtue of Art. 30 of the Constitution of the Russian Federation, everyone has the right to association, including the right to create trade unions to protect their interests. Freedom of activity of public associations is guaranteed. Accordingly, the terms of an employment contract that provide for refusal of membership in a trade union or, conversely, mandatory membership in any trade union, will be unconstitutional. On the same grounds (Article 29 of the Constitution of the Russian Federation), conditions on refusal of membership in a certain political party or on membership in a certain party cannot be established in an employment contract.

Everyone’s constitutional right to education (Article 43 of the Constitution of the Russian Federation) excludes the possibility of stipulating in an employment contract a condition on refusal to study in an educational organization. At the same time, the condition of the employment contract, which provides for the obligation to obtain education necessary to improve the employee’s qualifications, cannot be considered inconsistent with the Constitution.

Finally, the general constitutional principle of individual freedom, which presupposes freedom to dispose of oneself and is embodied in a number of articles of the Constitution of the Russian Federation, makes the terms of an employment contract that presupposes a permanent or temporary refusal to marry, have children, or exercise other family functions unconstitutional;

b) it is unacceptable in an employment contract to establish conditions related to the limitation of the civil legal personality of individuals (both the employee and the employer). Transactions aimed at limiting legal capacity or capacity are void, except in cases where such transactions are permitted by law (Article 22 of the Civil Code of the Russian Federation);

c) the terms of the employment contract that change the norms of legislation that are mandatory (mandatory) in nature are not recognized as legal. For example, a contract cannot change the procedure for considering individual labor disputes, since this procedure is imperatively regulated by law; it is impossible to include in the contract conditions on non-disclosure of information that does not constitute a commercial or official secret;

d) it is unacceptable to establish conditions in an employment contract, the implementation of which is associated with the obligation of third parties, i.e. persons who are not parties to the contract. At the same time, the conclusion of an employment contract may be accompanied by the conclusion of other agreements that do not contradict the law, including those of a different industry, with the participation of the parties to the employment contract and third parties, which involve the imposition of obligations on their parties in connection with the concluded employment contract;

e) the employment contract does not include conditions that worsen the employee’s position in comparison with those established by the collective agreement (agreement) or labor legislation (Article 57 of the Labor Code of the Russian Federation).

The listed terms of the employment contract are invalid (void).

10. A number of circumstances that are defined as mandatory or additional conditions of the employment contract, depending on their legal nature, may be classified as essential conditions of the employment contract, but may not be them, acting as the so-called ordinary conditions of the employment contract or being generally outside the agreement of the parties.

For example, compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, as well as the characteristics of working conditions in the workplace may be determined by state standards or collective agreements (agreements) and, therefore, not being the product of direct negotiations between the parties, they cannot be classified as mandatory (essential) conditions of the employment contract. However, given that they can be changed by agreement of the parties, these conditions can be considered ordinary terms of the employment contract. The meaning of the latter is that the parties reach agreement on them through silence. It is enough for the employee to familiarize himself with them, about which a corresponding entry is made in the employment contract.

At the same time, situations are possible when there are no general standards or the work of a given employee is used in exceptional conditions that impose special requirements for the protection of his health. There is a need to individualize the characteristics of working conditions, as well as the types and amounts of compensation and benefits to employees for working in difficult, harmful and (or) dangerous conditions, which should be done within the framework of an employment contract. In this case, these conditions are modified as essential (incidental) conditions of the employment contract.

A similar assessment can be given to other conditions arising from labor legislation, collective agreements (agreements), and local regulations.

A significant part of labor legislation is imperative and dispositive in nature. The legal nature of these norms lies in the impossibility of worsening the employee’s position relative to what is established by law, but in the permissibility of improving this situation. Consequently, the parties can either agree that they are subject to the current norms of labor legislation, or establish other norms that are more favorable to the employee. In the first case, the terms of the agreement between the parties, arising from the norms of labor legislation, can be considered the usual terms of an employment contract; in the second case, the usual conditions are modified by the parties into essential (random) conditions of the employment contract. These conditions are the rights and obligations of the employee and the employer, specified “in relation to the working conditions of a given employee,” established by labor legislation and other regulatory legal acts containing labor law norms.

11. All of the above conditions are the terms of the employment contract as a contract, i.e. the result of the direct or indirect expression of will of the parties or one party agreed with the other party. At the same time, Art. 57 of the Labor Code of the Russian Federation identifies conditions in the content of an employment contract that, from this point of view, are not contractual, since their content does not depend on the will of the parties.

These conditions include the types and conditions of social insurance directly related to work activity. However, as is known, the types and conditions of social insurance are determined by the state exclusively in a regulatory manner, thereby being beyond the discretion of the parties to the employment contract. Being a non-contractual condition, employee social insurance cannot be an element of the content of the employment contract. The inclusion of provisions on employee social insurance in an employment contract apparently serves the purpose of informing the employee about the content of the relevant legislation. Such information is possible in two ways.

In the first case, a clause is included in the text of the contract, the wording of which may read like this: “Types and conditions of social insurance - in accordance with current legislation.”

In the second option, the employee is introduced to the provisions of the legislation on the types and conditions of social insurance directly related to work activity, about which a corresponding entry is made in the employment contract. This option is more acceptable.

The same approach has to be taken when assessing the rights and obligations of the parties arising from imperative norms formulated by labor legislation and other regulatory legal acts containing labor law norms (Part 5 of the commented Article 57 of the Labor Code of the Russian Federation). The mandatory nature of these norms means that their content cannot in principle be subject to change by agreement of the parties; moreover, if such changes are made, they cannot be recognized as valid. Thus, the rights and obligations of the parties arising from mandatory norms of law are non-contractual in nature, which means they cannot constitute the content of an employment contract as an agreement of the parties. Including them, as well as data on the conditions of compulsory social insurance of the employee, in the text of the employment contract as a written document has an exclusively informational purpose. Consequently, these and other similar circumstances should be classified not as conditions of the employment contract, but as information. Their absence in the text of the contract does not relieve the parties from exercising the corresponding non-contractual rights and obligations.