How to maintain personnel documents at a micro-enterprise, a standard contract. Model employment contract for micro-enterprises: changes Employment contracts for micro-enterprises up to how many people

Today the Government of the Russian Federation approved a standard form employment contract for micro-enterprises that will exercise their right not to adopt local regulations (Decree of the Government of the Russian Federation of August 27, 2016 No. 858 ""). All conditions that should be contained in such acts will need to be reflected in employment contracts drawn up on the basis of the accepted standard form.

The Cabinet of Ministers noted that the standard form included various options completion of individual terms and conditions. According to the government, this will allow for regulatory flexibility labor relations taking into account the specifics of the activity of a particular employer. In addition, it is noted that this form will help the manager to take into account the features associated with the performance of work related to a particular employee.

In addition to the conditions on the labor function, place of work and probationary period, the standard form allows the inclusion of additional conditions in the contract (for example, the location of the workplace or an indication structural unit). This form also includes special conditions that apply to teleworkers and home workers. For example, by filling out the relevant items on the standard form, the employer will be able to fix that such work should be done by exchanging electronic documents, using the Internet, etc.

In what cases can relations arising on the basis of a civil law contract be recognized as labor? Learn from the material "Employment contract" in "Encyclopedias of solutions. Labor relations, personnel " Internet version of the GARANT system. Get full access for 3 days for free!

The standard form of an employment contract lists the rights and obligations of an employee. In particular, the right to timely and full payment of wages, the right to rest, the obligation to observe working hours and rest periods, and others.

The rights and obligations of the employer are also fixed. For example, the right to terminate an employment contract and the obligation to ensure safety and working conditions that comply with state regulatory requirements for labor protection.

Standard form the contract includes such items as wages, working hours and rest time of the employee, labor protection, social insurance and other conditions.

It is expected that the implementation of the new government decree will reduce the volume of paperwork and increase the level of protection of the labor rights of workers operating in micro-enterprises.

This document will enter into force on January 1, 2017. At the same time, it will also begin to operate, which establishes the right of micro-enterprises not to adopt local regulations, but instead to prescribe the necessary provisions in labor contracts with employees on the basis of a standard form of an employment contract.

Recall that micro-enterprises are currently considered companies and individual entrepreneurs with an annual revenue or book value of assets of no more than 120 million rubles. The number of employees of such organizations cannot exceed 15 people (Decree of the Government of the Russian Federation of April 4, 2016 No. 265 "", Article 4 of the Federal Law of July 24, 2007 No. 209-FZ "").

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

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

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

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

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

Criteria for microenterprise

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

Employment contract for micro-enterprises from 2019: sample filling

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

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

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

It is possible to exclude clauses from the model labor contract, the filling of which is not provided for due to the nature of the work, as well as the clauses indicated in the notes to the model contract. The Ministry of Labor announced this in a letter dated June 30, 2017 No. 14-1 / B-591.

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

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

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

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

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

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

What local acts can be canceled

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

It is important to know:

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

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

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

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

Make a deal with all employees additional agreements to existing employment contracts to include all the conditions from the standard form. To do this, the agreement can be written: "Employment contract No. 1 dated 10.02.17 set out in new edition from 02/01/19", and then rewrite all the clauses from the standard contract and fill in the missing information - salary, schedule, place of work and other mandatory information.

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

pros

Minuses

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

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

The model employment contract for microenterprises is a special form of employment contract approved at the government level. In the article we will talk about the features of such an employment contract: what it is, which companies are allowed to conclude them, how to fill it out, what are the advantages and disadvantages, and whether this will really help reduce the burden on SMEs - administrative and documentary.

Since 01/01/2017, a standard form of an employment contract with an employee of a microenterprise has appeared in Russia. Its form and registration procedure were approved by Government Decree No. 858 of August 27, 2016. This standard form is noteworthy, first of all, in that micro-enterprises can replace all personnel documents with it. This is provided for by the norms of the Federal Law of July 3, 2016 No. 348-FZ. There is no need to write orders for hiring and firing, you can not develop various forms for personnel, but replace them with just one form of an employment contract developed by officials. How convenient is it?

Micro-enterprises and other employers: who is allowed to use the model form of an employment contract with an employee

Initially, the 2020 Model Employment Contract was intended for micro-enterprises. This status is given to organizations and entrepreneurs who employ no more than 15 people, and income for last year amount to no more than 120 million rubles. All micro-enterprises that decide to apply the standard form are exempt from other personnel documents. In particular, they may not be:

• inner order rules;
• position on wages;
• bonus provision;
• hiring and firing orders.

All the necessary criteria, rules and other conditions can be specified directly in the employment contract with the employee. In order to introduce such an order in the organization personnel document flow, it is enough just to fix the use of a standard form in the order. But are other organizations that do not fall into the micro category allowed to use this form? Of course yes.

Moreover, the standard form will save them from possible fines under article 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for liability for "avoidance of registration or improper execution of an employment contract or the conclusion of a civil law contract that actually regulates labor relations between an employee and an employer." And here model form includes all necessary conditions. article 57 of the Labor Code of the Russian Federation, which regulates the requirements for employment contracts between employers and their employees. There is only one important "but": this document does not exempt anyone, except for micro-enterprises, from the obligation to draw up all the rest of the personnel documentation.

Mandatory provisions of an indefinite employment contract

According to article 57 of the Labor Code of the Russian Federation, they are:

• details of the employer and full name employee;
• TIN of the employer and passport data of the employee;
• indication of the place of conclusion of the contract and the date, place of work;
• information about what specific work is to be performed (title of the position (profession) and official duties);
• when to start work;
• the amount and terms of payment of wages (indicating specific dates and places of payment);
• mode of work and rest;
• information about social insurance;
• information on working conditions based on the results of a special assessment;
• additional conditions, if necessary (if working conditions are recognized as harmful or dangerous, appropriate compensation should be prescribed, if the nature of the work is specific, indicate which one).

What should not be included in an employment contract:

1. You can not conclude a fixed-term contract without good reason.
2. It is impossible to combine the main job and part-time work in one contract (such part-time work is not prohibited, but there must be 2 different contracts for this).
3. It is impossible to establish a working regime that violates the provisions of the Labor Code (for example, to oblige a minor to work 40 hours a week).
4. It is impossible to include a condition on the payment of wages below the minimum wage (or not to take into account the "northern allowances").
5. You can not specify only one date per month in the conditions of payment of wages.

A sample of a standard employment contract with an employee 2020 and the procedure for filling it out

The full form of a standard contract between an employer and an employee includes many various situations and wording. But the organization has a great opportunity to leave in the form only the information that is necessary to work with a particular employee. Everything superfluous can be simply removed. This standard employment contract is unique in that the officials provided for the correct wording in it, in accordance with the norms of the Labor Code of the Russian Federation for all possible situations. It even has sections that deal with telecommuting and home-based workers. The only thing that is not provided for by this document is the employment of foreign citizens. In fact, legislators have placed many types of employment contracts in one form.

So, the decision to apply the standard form has been made and now it must be filled out correctly. Let's take a closer look at this procedure, and then you can download a sample employment contract 2020 for free. The approved standard form contains as many as 38 points, combined into 11 chapters. We have already figured out above that in each specific case only some of them will be needed, let's talk about filling out the most important parts of the standard form applicable to most employees.

For example, consider how a micro-enterprise should draft employment contracts in 2020: the sample will show an agreement with a sales manager. Step-by-step instruction, which we got as a result, looks like this:

Step 1. The General Provisions section is mandatory in all cases. It should indicate the full name of the employer and his address, last name, first name, patronymic and position of the future employee.

In addition, if necessary, the period of probation established for a new specialist and the nature of his work are also indicated here: main or part-time. In the same chapter, you should indicate the period for which the employment contract is concluded, if it is urgent. Such information is optional and is filled in if necessary. It is also necessary to immediately indicate from what moment the employee starts work, and note where he is located. workplace, or note the traveling nature of the work. For example, in our case, the sales manager travels around the city to conclude purchase and sale transactions with customers. If the job does not have any features, you can also indicate that "the employee does not have a special nature of work."

When hiring a home worker, you will need to complete sections 9.1 or 9.2 in the General Provisions section. They provide a list of equipment used by such an employee, and the procedure and terms for providing it necessary materials for work (if he needs them). You can provide for the payment of compensation for the use of personal property for official purposes and indicate its amount and terms of payment. In the case of remote employees, it is very important to specify the length of work and rest time.

Step 2 The section "Rights and obligations of the employee" specifies what work functions the new specialist performs. Usually this part of the form remains with standard conditions, but at the end of each subsection, the employer can indicate the features.

Step 3 Section "Rights and obligations of the employer". Similarly, with the second section, you can leave all the points proposed by the officials, and also, if necessary, add your own. For example, indicate what tools and equipment the employee is provided with.

Step 4 Section "Employee Compensation". This is a very important part of the document and it is necessary to pay special attention to it if the organization has refused to accept the regulation on remuneration. Here it is necessary to prescribe in detail what the salary consists of. A standard employment contract provides for several types of payments, next to each of which it is necessary to indicate the amount:

• official salary;
• compensation payments (for work in harmful conditions, use of personal transport, etc.);
• incentive payments (bonuses and incentives);
• other payments.

In addition to the amount, you must specify the conditions for receipt and frequency. Also, the employment contract specifies the specific terms of payment of wages and ways to receive it.

Step 5 Section "Working time and rest time of the employee". Here indicate the length of the working day, rest time, weekends and holidays. Only fill in the lines that are required.

Step 6 Section "Labor protection". Here you should indicate the working conditions established for the employee, and note the mandatory passing and frequency of the medical examination. If the employee is entitled to funds personal protection, indicate which ones.

Step 7 Section "Social insurance and other guarantees". The section is filled out when paying the employee for training, a voluntary medical insurance policy, compensation for the cost of renting housing, vouchers to a sanatorium and other social guarantees.

Step 8 The section "Other conditions of the employment contract" is very short. Most often, its completion is required when hiring homeworkers or when concluding an agreement with an individual entrepreneur. It prescribes the grounds for terminating the relationship between the employee and the employer, other than those provided Labor Code of the Russian Federation.

Step 9 The section “Changing the terms of an employment contract” usually contains general information that the conditions can be changed only by agreement of the parties. Most often, nothing needs to be changed or supplemented in it.

Step 10 The section "Responsibility of the parties to the employment contract" contains standard conditions suitable for most cases.

Step 11 Section 11 "Final Provisions". Here the employee signs all the rules and regulations with which he is familiar. These include the collective agreement (if any), job responsibilities, initial briefing on labor protection and civil defense, various instructions and routines. At the end, the full data of the employer and employee must be indicated and the signatures of both parties to the contract must be signed. The employee must sign that he is familiar with the entire text of the contract and has received its second copy.

We talked about how to conclude an employment contract with an employee: sample 2020 shows all the stages of working on a document step by step. A unified employment contract (form) will optimize the work of the personnel department not only in micro-enterprises, but also in other organizations. The main thing is to keep track of all changes in legislation in time and make the necessary adjustments to the document as needed when hiring new employees. A sample employment contract with an employee 2020 can help in the work (variants of contracts with different specialists were prepared by CPT experts).

article 5.27 of the Code of Administrative Offenses of the Russian Federation, for violations in the field of labor relations, the amounts of fines are:

• for the head of the enterprise - 10,000-20,000 rubles;
• for a legal entity - 50,000-100,000 rubles;
• for individual entrepreneurs - 5000-10 000 rubles.

Employment contract 2020 sample free download with an employee, IP form

10.02.2020

The concept of "Employment contract" and "Parties to an employment contract" is defined in Article 56 of the Labor Code of the Labor Code of Russia (Labor Code of the Russian Federation). Employment contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for labor law and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement, pay the employee in a timely manner and in full wages, and the employee undertakes to personally comply with the labor function in the interests, under the management and control of the employer, to comply with the internal labor regulations applicable to this employer.The parties to an employment contract are the employer and the employee.

Download: employment contract form, sample, form

The Labor Code does not define a specific form or model of an employment contract. Legislatively, only a form for micro-enterprises is defined (since 01/01/2017).

Download form (sample):

Other options for downloading an employment contract (all in word, doc):

Forms are exemplary.You can choose the most suitable form. Forms can be adjusted depending on the specific situation and needs. IP contracts presented ( individual entrepreneur), organizations (LLC, JSC, etc.) with an employee. Formsemployment contract with the director, accountant, seller, driver, see this .

Model form of employment contract for micro-enterprises

Standard form of employment contract for micro-enterprisesapproved by Government Decree Russian Federation dated August 27, 2016 No. 858 "On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises",as amended by Decree of the Government of the Russian Federation of November 15, 2019 No. 1458 "On Amendments to Certain Acts of the Government of the Russian Federation".

The beginning of the document: 01/01/2017.

The beginning of the validity of the latest edition: 11/20/2019.

On changes in the form of TD in accordance with the resolutiondated November 15, 2019 No. 1458 (excerpt): In clauses 9.1.6 and 38 of the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises, approved by Decree of the Government of the Russian Federation of August 27, 2016 N 858 "On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2016, N 36, Art. 5414), the words "an insurance certificate of compulsory pension insurance" shall be replaced by the words "insurance number of an individual personal account in the system of individual (personalized) accounting".

New on the topic

New from 02/10/2020: If an employee wants to have a paper work book and an electronic work book, then he does not need to submit two applications. This conclusion was made by the experts of the company "1C". Source: www.buh.ru

clarified whether the employer is obliged to draw up or translate an employment contract into the native language of a foreign worker.

New from 12/27/2019: Rostrud experts explained whether an organization can conclude a preliminary labor contract that would oblige the parties to conclude a main labor contract in the future (Excerpt: labor legislation does not provide for the conclusion of a preliminary labor contract. Labor relations should be formalized only by an employment contract).

New from 04/04/2019: The Ministry of Labor of the Russian Federation in a letter dated 03/07/2019 No. 14-2 / ​​V-139 informs that the employer can dismiss the employee after the expiration of the employment contract, even during the period the employee is on vacation or during a period of temporary disability.

New from 12/28/2018: The Ministry of Labor in a letter dated November 12, 2018 No. 14-1 / OOG-8602 informs that the payment of wages ahead of schedule does not violate the rights of workers.

New from 12/14/2018: E Rostrud experts report thatonly a court can recognize a fixed-term employment contract as indefinitea fixed-term employment contract is concluded only on the grounds listed in Article 59 of the Labor Code of the Russian Federation.An employment contract concluded for a fixed period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period (part 5 of article 58 of the Labor Code of the Russian Federation).

New from 12/14/2018: Omsk regionalthe court in the appeal ruling dated June 27, 2018 in case No. 33-4045 / 2018 allowed employers not to index the wages of employees (with regular payment of bonuses, etc.).

New from 12/06/2018: Rostrud experts explain that reduce wages temporarily probationary period not possible, according to the requirementspart 3 of article 70 of the Labor Code of the Russian Federation.

New from 10/30/2018: Rostrud experts in the report of Rostrud with guidance on compliance denia mandatory requirements The legal acts for the III quarter of 2018 explain and inform:

When it is possible to extend the term of the employment contract with the help of an additional agreement;

When the employment contract includes the conditions for granting leave;

The position in the employment contract does not always have to correspond to qualification directories.

New from 07/31/2018: The Government of Russia in Decree No. 873 dated 07/26/2018 amended the standard form of an employment contract with the head of a state (municipal) institution.

New from 3/30/2018: MIntruder of the Russian Federation, in a letter dated March 21, 2018 No. 14-2 / ​​V-191, clarifies whether the numbering of employment contracts is mandatory in commercial organization, and what numbering system can be used.

New from 03/19/2018: The Ministry of Labor of the Russian Federation, in a letter dated 03/05/2018 No. 14-2 / ​​V-148, clarified how the personnel registration of employees involved in work for which various restrictions are defined by laws is carried out.

New from 01/18/2018:The Ministry of Labor proposed to supplement the standard form of an employment contract with the head of a state (municipal) institution with new responsibilities. Draft resolution: regulation.gov.ru

New from 10/31/2017: The Ministry of Labor of Russia, in a letter dated 10/18/2017 No. 14-2 / ​​V-935, clarifies the procedure for recovering from the employee the amounts spent on his training in the event of early termination of the employment contract.Excerpt: "Upon dismissal without good reasons before the expiration of the period specified in the employment contract or in the training agreement at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training.

New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated October 19, 2017 N 14-2 / ​​V-942, explained whether, when concluding an employment contract with an employee, it is possible to sign a separate agreement, according to which, within a year after dismissal, the employee undertakes not to be employed in competing companies (the Employer does not has the right to restrict the employment of former employees).

New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated 10/18/2017 N 14-2 / ​​V-935, clarifies how the termination of an employment contract concluded with a temporary worker is carried out while the main employee is on sick leave (when the term for terminating the employment contract is determined by the date on the sick leave).

New from 08/02/2017:

According to Rostrudfor the absence of mandatory conditions in the employment contract (article 57 of the Labor Code of the Russian Federation "Content of the employment contract") the employer faces a fine. For more details, see the message of Rostrud.

New from 07/13/2017:
The Ministry of Labor of Russia, in a letter dated June 30, 2017 No. 14-1 / V-591, explained which clauses a microenterprise can exclude from a standard employment contract. More on this one.

Commentary on the standard form of an employment contract for micro-enterprises(Source: government.ru)
Decree No. 858 of August 27, 2016 approved a standard form of an employment contract, which includes various options for filling out certain provisions and conditions. A standard form of an employment contract at micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the specifics associated with the performance of specific work related to a particular employee.
Prepared by the Ministry of Labor in pursuance of the list of instructions of the President of Russia following the meeting State Council on the development of small and medium-sized businesses, held on April 7, 2015 (No. Pr-815GS dated April 25, 2015, paragraph 4, subparagraph "b") and in order to implement the Federal Law of July 3, 2016 No. 348-FZ "On introducing amendments to the Labor Code of the Russian Federation in terms of the specifics of labor regulation of persons working for employers - small businesses that are classified as micro-enterprises" (hereinafter - Federal Law No. 348-FZ).
In accordance with federal law No. 348-FZ, an employer - a small business entity, which is classified as a micro-enterprise, has the right not to adopt local regulations containing labor law norms (internal labor regulations, regulations on wages, shift schedules, and others). However, the terms and conditions which, in accordance with Labor Code are regulated by local regulations, must be included in the employment contract, which is concluded on the basis of a standard form approved by the Government of Russia.
The signed resolution approved a standard form of an employment contract, which includes various options for filling out individual provisions and conditions. This will ensure flexibility in the regulation of labor relations, taking into account the specifics of the activities of a particular employer.
The standard form of the contract includes special conditions that apply to remote and home workers, which are not used in other cases.
A standard form of an employment contract at micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the specifics associated with the performance of specific work related to a particular employee.
The implementation of the resolution will reduce the volume of document flow and increase the level of protection of the labor rights of employees working for employers - small businesses that are classified as micro-enterprises.

The employment contract specifies:
last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;
information about the documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);
information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;
place and date of conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;
labor function (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific view work assigned to the worker). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements to them must comply with the names and requirements specified in qualification guides approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards;
the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;
terms of remuneration (including the amount tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments);
working time and rest time (if for this employee it is different from general rules operating for this employer);
guarantees and compensations for work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If at the conclusion of the employment contract it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.
The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:
on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;
about the test;
on non-disclosure of legally protected secrets (state, official, commercial and other);
on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
about types and conditions additional insurance employee;
on improving the social and living conditions of the employee and members of his family;
on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;
on additional non-state pension provision for an employee.
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements . The failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

The term of the employment contract defined in Article 58 of the Labor Code of the Russian Federation
Employment contracts may be concluded:
1) for an indefinite period;
2) for a fixed period of not more than five years (fixed-term employment contract), unless another period is established by this Code and other federal laws. For more details, see Article 58 of the Labor Code of the Russian Federation

concept Fixed-term employment contract introduced in Article 59 of the Labor Code of the Russian Federation.

According to article 60 of the Labor Code of the Russian Federation Prohibition to demand the performance of work not stipulated by the employment contract, except as provided for by this Code and other federal laws.

Article 60.1. The Labor Code of the Russian Federation defines the concept Part-time work
The employee has the right to conclude employment contracts on the performance, in his spare time from his main job, of another regular paid job with the same employer (internal part-time job) and (or) with another employer (external part-time job). Features of labor regulation of persons working part-time are determined by Chapter 44 of this Code.

Article 60.2. The Labor Code of the Russian Federation refers to: Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without release from work specified in the employment contract

Article 61 of the Labor Code of the Russian Federation defines:Entry into force of the employment contract

An employment contract shall enter into force from the day it is signed by the employee and the employer, unless otherwise provided by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his employer. authorized representative.
The employee is required to start job duties from the date specified in the employment contract.
If the employment contract does not specify the day of commencement of work, the employee must start work on the next working day after the entry into force of the contract.
If the employee did not start work on the day of commencement of work, established in accordance with the second or third part of this article, the employer has the right to cancel the employment contract. The canceled employment contract is considered not concluded. Cancellation of an employment contract does not deprive the employee of the right to receive mandatory social insurance in the event of an insured event in the period from the date of conclusion of the employment contract until the day of its cancellation.

On January 1, 2017, a new chapter came into force. 48.1 in the Labor Code of the Russian Federation, which reflects the peculiarities of the regulation of the labor of persons working for microenterprises. Federal Law No. 209-FZ of July 24, 2007 “On the Development of Small and Medium-Sized Businesses in the Russian Federation” establishes the procedure for maintaining unified registry subjects of small and medium-sized businesses and criteria for attributing legal entities to micro enterprises. Microenterprises differ from other small businesses primarily in that they average headcount their employees for the last calendar year does not exceed 15 people, that is, these are really small enterprises that deserve a special approach.

Starting from the new year, an employer classified as a micro-enterprise has the right to refuse, in whole or in part, from the adoption of local regulations (LNA) containing labor law norms. That is, a micro-enterprise may now have neither internal labor regulations (IWTR), nor provisions on remuneration and bonuses.

However, this does not mean that there is a gap in legal regulation. On the contrary, a small business entity, which is classified as a micro-enterprise, refusing LNA, must include their conditions directly in labor contracts with employees. For such cases, it was developed and approved standard form of employment contract(Decree of the Government of the Russian Federation of August 27, 2016 No. 858 “On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises”). Let's study this new document and see how it can be useful to the employer. The analysis of the conditions entered into the standard form is presented in the form of Table 1.

The standard form, of course, contains information, mandatory and additional conditions inherent in any employment contract (according to Article 57 of the Labor Code of the Russian Federation). In the process of analyzing the standard form, we will dwell on them only if it is necessary to give useful comments and recommendations to the employer on how to fill them out.

An employment contract made according to this form will be very long (even with a small print, it will turn out from 10 pages).

Table 1

Analysis of clauses of a standard employment contract for micro-enterprises

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Summing up, we will clarify that a standard labor contract is a useful document, it can and should be used by micro-enterprises. But the very rejection of the LNA in favor of an employment contract seems to us controversial. In particular, it will not be possible to withdraw consent to the processing of personal data and vacation schedules (reasons set out above). Documentation of personnel documents is also unavoidable. The personal files of employees and their work books and payroll documents. And the remaining moments of the micro-enterprise can be quite fit in a single local normative act- internal labor regulations. After all, it is not forbidden to add to it some features of remuneration and bonuses for employees.