Model agreement between employer and employee. Employment contract: completed sample
An employment contract is an agreement between an employer and an employee on the nature and duration of the employment relationship. An employment contract legally formalizes the mutual rights and obligations of participants in an employment relationship. A properly drawn up employment contract will protect the interests of the employer without infringing on the rights of the employee, and will help to avoid many undesirable legal consequences. The parties to the employment contract are the employer and the employee.
An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the designated labor function, to ensure the working conditions provided for by labor legislation and other regulations, to pay wages to the employee in a timely manner and in full, and the employee, for his part, undertakes personally perform the labor function determined by this agreement, comply with the internal labor regulations applicable to the employer. The main document regulating labor relations is the Labor Code, and the terms of the employment contract should not contradict its articles. At the same time, in disputable situations, they will be interpreted as described in the labor code.
An employment contract should be distinguished from. The employment contract provides the employee with a number of benefits, guarantees and compensations that are not provided for contractual relations.
Sometimes in practice the terms labor contract, labor agreement are used.
The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract remains with the employee, the other is kept by the employer. The fact of receipt of a copy of the employment contract by the employee is certified by the signature of the employee on the copy of the employment contract kept by the employer.
An employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his legal representative. When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee was actually admitted to work.
According to the labor code, an employment contract may contain additional conditions that do not worsen the position of an employee compared to those established by labor legislation and other regulatory legal acts, a collective agreement, agreements, local regulations, namely:
- Condition on specifying the place of work, indicating the structural unit of registration and its location;
- Probationary condition;
- Agreement on non-disclosure of official or commercial information;
- A condition 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;
- An agreement on the types and conditions of additional social and medical insurance for the employee;
- Condition on the possibility of improving the social and living conditions of the employee;
- A clause specifying the working conditions of this employee, as well as the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.
When concluding employment contracts with certain categories of employees, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding employment contracts or their conditions with relevant persons or bodies that are not employers under these contracts, or draw up employment contracts in more copies.
Read our helpful guide to employment contracts. Use it to choose a form or download ready-made samples. We give mandatory and additional conditions, and tips for the employer.
In the article:
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How to choose the form of an employment contract
Article 56 of the Labor Code of the Russian Federation does not indicate the written form of the agreement. Therefore, not only the signing of a paper document, but also a simple admission to work is equated with the conclusion of an employment contract (part 3 of article 16 of the Labor Code of the Russian Federation). But after the actual admission to work, the contract must be drawn up in writing. Article 67 of the Labor Code of the Russian Federation recalls this.
- information about the contracting parties,
- terms and conditions agreed between the parties.
There is no standard form of an employment contract that is mandatory or recommended for all companies. Each employer has the right to independently develop a template for an employment contract for their employees. The main thing is to prevent violations in the content of this document.
There are standard employment contracts for a limited number of employees:
- for heads of state institutions (the form was approved by Decree of the Government of the Russian Federation of April 12, 2013 N 329);
- for employees of structural divisions of Russian Railways JSC;
- for seafarers working as part of the crews of sea vessels and mixed navigation vessels flying the state flag of the Russian Federation;
- for employees of microenterprises (the form was approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858).
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Employment contract with an employee: sample 2020
We have compiled for you a selection of the most popular examples of an employment contract. Download them to easily conclude employment contracts in 2020.
Employment contract with an employee (sample)
EMPLOYMENT CONTRACT No.
________________ "___" ______________G.
In the person of _________________________________________________________________________,
acting on the basis ___________________________________________________,
hereinafter referred to as the "Employer", on the one hand, and _______________________
________________________________,
hereinafter referred to as ____ "Employee", on the other hand, and together referred to as
The "Parties" have concluded this employment contract as follows:
1. GENERAL PROVISIONS
1.1. Under this employment contract, the Employer provides the Employee with work
by position _______________________________, and the Employee undertakes to personally
perform the specified work in accordance with the terms of this labor
contracts.
1.2. The employee is hired in _________________________________ department
organization of the employer.
1.3. Worker's place of work ________________________________________________ .
1.4. Work under this employment contract is for the Employee
________________________ (main, external (internal) part-time job)).
1.5. Working conditions at the workplace of the Employee __________________________________.
1.6. This employment contract is concluded on ________________________________
term.
1.7. This employment contract shall enter into force on the day the Employee is admitted to work,
determined by paragraph 1.8 of the agreement.
1.8. The date of commencement of work is _____________________________________________________.
1.9. The employee is given a probationary period of ______________
months in order to verify the compliance of the Employee with the assigned work.
All mandatory information is specified in the first part of Article 57 of the Labor Code of the Russian Federation.
1. Surname, name, patronymic of the citizen with whom we conclude an agreement.Be sure to write in full, not in initials.
2. Name of the employer.For an organization, first indicate the full name, and in brackets - a short one. Some organizations may not have a short name. If the employer is an individual, then simply indicate his last name, first name, patronymic in full.
3. Information about the documents proving the identity of the employee and the employer - an individual.To conclude an employment contract, such a document can only be a passport of a citizen of the Russian Federation or a temporary certificate, which is issued at the time of reissuing a passport. For those who do not have Russian citizenship, such documents may be other documents (refugee certificate, residence permit, passport of a citizen of a foreign state, etc.).
4. TIN of the employer.
5. 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.
In organizations, as a rule, this is a director acting on the basis of the Charter. In representative offices and branches, this person may be the head of the branch, acting on the basis of an order or a local act. The sole proprietor himself is authorized to sign employment contracts.
6. Place and date of conclusion of the employment contract.In the understanding of the law, the place of conclusion of the contract is the name of the locality where the employer is located.
If an employment contract is concluded with a citizen of another country or a stateless person, then you must also provide information about the document:
- which allows you to stay in the Russian Federation,
- on the basis of which the employee will be provided with medical assistance during the term of the employment contract.
Attention! If you have already entered into employment contracts with employees, but did not include in the text any mandatory information provided for by the Labor Code of the Russian Federation, then this is easy to fix. The missing information must be entered by hand directly into the text of the contract (in both copies). After that, the entry made is certified by the signature of the employee and the representative of the employer.
Table with prerequisites
In the "Personnel System" you will find the content of the employment contract - general information, mandatory and additional conditions
The Labor Code in Article 57 establishes a number of mandatory and additional conditions for inclusion in an employment contract.
Table. How to correctly formulate the mandatory terms of the contract
Download Sample
Please note that it is not necessary to include a section on the rights and obligations of the parties in the employment contract, and even more so this section should not be the main one.
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Question-answer from the magazine "Personnel Business" How to correctly number employment contracts and additional agreements? The company itself decides whether to number contracts and additional agreements or not. Write the numbering order in LNA. The Ministry of Labor advises putting numbers in ascending order, for example, starting the numbering of an employment contract from each new year (letter No. 14-2 / B-191 dated March 21, 2018). Issue a register of contracts, it is optional, but it will help to systematize the accounting. |
Mandatory terms of an employment contract that need to be changed in 2020
1. Condition on the payment of wages
In 2019, the Ministry of Labor changed the rules for paying advances. If the inspector finds old language in the document, the employer may be fined.
Write in the employment contract that the advance payment of the employee is paid in proportion to the hours worked. You do not pay an advance in the form of 50 percent of the salary. This method is convenient for employees - they receive the same salary every half a month. However, it does not take into account the number of working days that the employee worked in the first half month.
This method may not be to the liking of the GIT inspectors. Officials believe that the first part of the salary should be calculated in proportion to the hours worked and the amount actually earned for the first half month should be paid (letter of the Ministry of Labor dated February 5, 2019 No. 14-1 / OOG-549).
2. Working conditions at the workplace
In December, the period expired when the results of the certification were valid (part 4 of article 27 of the Law of December 28, 2013 No. 426-FZ, letter of the Ministry of Labor of April 8, 2014 No. 15-4 / B-366). All organizations must conduct a special assessment of working conditions and indicate the results in the text of the employment contract. Look at safe wording examples if a special assessment has already taken place or is just being planned.
Sample employment contract with a clause on working conditions
3. New procedure for paying salaries to a bank card
GIT received another reason for the fine. If an employee wrote an application for transferring his salary to a bank card, and the employer did not indicate this in the employment contract, the organization will be fined. The new rules are indicated in all employment contracts for 2020 (Laws No. 221-FZ and No. 231-FZ of July 26, 2019).
Employment contract with the condition of transferring salary to the card
4. Condition on allowances and compensations
The inspector will check how the condition on allowances and compensations is written in the contract. How to specify it, taking into account the new rules, see the diagram from the magazine "Kadrovoe Delo"
Scheme. How to include the amount of additional payments and allowances in the employment contract
Additional conditions: tips for the employer
The absence of additional conditions in the employment contract will not entail punishment for the employer. But they will make the contract more profitable for the company. The main requirement for such conditions is that they must not contradict the current legislation and documents of the organization.
The most common additional conditions
1. Test.
Article 70 of the Labor Code of the Russian Federation allows establishing a test at the conclusion of an employment contract. What does this give the employer? First, the employee works more diligently, striving to successfully pass the test. Secondly, there is an additional basis for the dismissal of an employee under Article 71 of the Labor Code of the Russian Federation.
But you need to take into account the limitations of the duration test period:
- for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, separate structural divisions - no more than six months.
- for other employees - no more than three months.
- for employees with whom the contract is concluded for a period of two to 6 months - no more than 2 weeks.
It is not necessary to set the upper bar of the specified duration. You can limit yourself to a month or two.
2. Clarification of the duties of the employee.
The contract can specify the obligations of the employee and the employer specified in the Labor Code of the Russian Federation, as well as the obligations arising from the terms of the agreements and collective agreement . For example, in an employment contract, you can include the duties of an employee:
- notify of absence from work in case of illness;
- notify about the intention to donate blood and the facts of donating blood for donors;
- about the need to come to the workplace 15 minutes before the start of the shift;
- treats equipment and office equipment with care;
- comply with the dress code or other requirements of the corporate culture;
- avoid harsh statements about colleagues and clients of the company, etc.
3. Additional grounds for dismissal.
For the bulk of employees, the grounds for dismissal at the initiative of the employer are listed in the Labor Code of the Russian Federation and are not subject to expansion. But additional grounds for termination of an employment contract can be provided with the following categories:
- heads of the organization (clause 3 of article 278 of the Labor Code of the Russian Federation);
- employees working for an employer - an individual (Article 307 of the Labor Code of the Russian Federation);
- employees of a religious organization (Article 347 of the Labor Code of the Russian Federation);
- remote workers (Article 312.5 of the Labor Code of the Russian Federation);
- homeworkers (Article 312 of the Labor Code of the Russian Federation)
The Labor Code also allows the inclusion in the employment contract of conditions that improve the position of the employee. For example, article 292 of the Labor Code of the Russian Federation allows you to establish a severance pay for employees who have concluded an employment contract for a period of up to two months, although, as a general rule, they are not entitled to severance pay at all. And article 301 of the Labor Code of the Russian Federation allows you to prescribe in the employment contract a higher payment for days of rest between shifts.
An employment contract is not just a formally fulfilled requirement of the law. A well-written contract is able to protect the employer during inspections, helps to control the employee, and effectively organize his work.
Keep in mind that the incorrect execution of an employment contract is included in a separate offense of article 5.27. Code of Administrative Offenses of the Russian Federation. In accordance with paragraph 3 of this article, the fine for the organization will be 50-100 thousand rubles, for officials - 5-10 thousand rubles.
The form of a standard employment contract was approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858. See "". For what purposes was the form of a standard employment contract approved? Who and in what situations can conclude contracts in a standard form? Is it necessary to use the standard form? When to switch to standard contracts? You will find answers to these and other questions in this article.
Rejection of regulations since 2017
Since 2017, employers (organizations and individual entrepreneurs) belonging to micro-enterprises have the right to completely or partially refuse to adopt local regulations containing labor law norms. Instead, since 2017, working conditions can be negotiated directly in employment contracts concluded with employees on the basis of a standard form. This is provided for by Article 309.2 of the Labor Code of the Russian Federation, which comes into force on January 1, 2017.
Micro-enterprises are organizations or individual entrepreneurs that meet the following criteria:
| Criterion | limit value |
| The average number of employees. | For the previous calendar year, the average number of employees of the organization or individual entrepreneur does not exceed 15 people inclusive. |
| Income from the sale of goods (works or services). | Receipts for the last calendar year do not exceed 120 million rubles. The criterion is relevant for organizations and individual entrepreneurs. |
| The composition of the founders (relevant for organizations). | Member share requirements: - the total share of regions, municipalities, public, religious organizations, funds cannot exceed 25%; - the total share of participation of third-party organizations (Russian or foreign) - no more than 49%. |
If you are on the register, then from 2017 you can switch to concluding employment contracts with employees on the basis of a standard form and refuse to adopt local regulations containing labor law norms.
The composition of the standard form of an employment contract
The form of a standard employment contract consists of a preamble (that is, an introductory part) and 11 sections:
| Sections of the employment contract | |
| 1 | General provisions. |
| 2 | The rights and obligations of the employee. |
| 3 | The rights and obligations of the employer. |
| 4 | Employee wages. |
| 5 | Working hours and rest time of the employee. |
| 6 | Occupational Safety and Health. |
| 7 | Social insurance and other guarantees. |
| 8 | Other terms of the employment contract. |
| 9 | Changing the terms of the employment contract. |
| 10 | Responsibility of the parties to the employment contract. |
| 11 | Final provisions. |
However<Положение об оплате труда и премировании>can be completely (or partially) replaced by the wording from section 4 of the standard form "Employee Compensation". So, for example, in employment contracts concluded on the basis of a standard form, you will need to prescribe wages (official salary or piecework rates) and indicate the exact dates of its payment.
Regulations on irregular working hours
This document usually contains a list of workers with irregular working hours, if such a regime is established for them (101 of the Labor Code of the Russian Federation). A similar local act from 2017 can not be applied if the language from paragraph 19 of the standard form is included in the employment contract. 
Rules and instructions for labor protection
These documents are developed and approved in accordance with paragraph 23 of part 2 of article 212 of the Labor Code of the Russian Federation. In the form of a standard employment contract, there is section 6 “Labor protection”. It contains wording, for example, about the class of working conditions at the workplace, primary briefing, and the provision of personal protective equipment. In this part, you can go to a standard contract. 
However, labor protection rules and instructions are usually much more informative. Therefore, it is likely that not all employers will be able to completely abandon them.
Job Descriptions
The obligation to draw up job descriptions is established only for state bodies (Article 47 of the Federal Law of July 27, 2004 No. 79-FZ). Therefore, it is impossible to fine an ordinary employer for the lack of instructions (Rostrud letter dated 08/09/2007 No. 3042-6-0). However, many employers draw up job descriptions, since their presence allows, for example:
- justify the dismissal of an employee due to inconsistency with the position held;
- evenly distribute responsibilities between similar positions;
- prove in court the legitimacy of imposing a disciplinary sanction on an employee;
- carry out certification of personnel, etc.
It turns out that the form of a standard employment contract allows the employer to decide what is more convenient for him to do. Either continue to approve job descriptions separately or prescribe all the functionality of employees in an employment contract.
shift schedule
Shift schedules are drawn up based on the established norm of working time for the accounting period for a specific category of workers and contain information on the length of working time during the shift, rest breaks between shifts and the order in which they alternate. All this information, in principle, can be reflected in employment contracts. The necessary wording for this is in the standard form: 
1. SUBJECT OF THE EMPLOYMENT CONTRACT
1.1. The employee is accepted to the Employer to perform work in a position in.
1.2. The employee is obliged to start work from "" 2020.
1.3. This employment contract comes into force from the moment it is signed by both parties and is concluded for an indefinite period.
1.4. The work under this contract is the main one for the Employee.
1.5. The place of work of the Employee is at: .
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The employee reports directly to the General Director.
2.2. The employee is obliged:
2.2.1. Perform the following duties: .
2.2.2. Comply with the Internal Labor Regulations established by the Employer, production and financial discipline, conscientiously treat the performance of their official duties specified in clause 2.2.1. of this employment contract.
2.2.3. Protect the property of the Employer, maintain confidentiality, not disclose information and information that is a trade secret of the Employer.
2.2.4. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without the permission of his management.
2.2.5. Comply with the requirements of labor protection, safety and industrial sanitation.
2.2.6. Contribute to the creation of a favorable business and moral climate at work.
2.3. The employer undertakes:
2.3.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (works) not stipulated by this employment contract, only in cases provided for by the labor legislation of the Russian Federation.
2.3.2. Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.
2.3.3. Pay for the work of the Employee in the amount established in clause 3.1. of this employment contract.
2.3.4. Pay bonuses, remuneration in the manner and on the terms established by the Employer, provide material assistance, taking into account the assessment of the personal labor participation of the Employee in the work of the Employer in the manner established by the Regulations on remuneration and other local acts of the Employer.
2.3.5. Carry out compulsory social insurance of the Employee in accordance with the current legislation of the Russian Federation.
2.3.6. To pay, in case of production necessity, in order to improve the qualifications of the Employee, his training.
2.3.7. Familiarize the Employee with the requirements of labor protection and the Internal Labor Regulations.
2.4. The employee has the following rights:
- the right to provide him with the work specified in clause 1.1. this employment contract;
- the right to timely and full payment of wages;
- the right to rest in accordance with the terms of this employment contract and the requirements of the law;
- other rights granted to employees by the Labor Code of the Russian Federation.
2.5. The employer has the right:
- encourage the Employee in the manner and in the amount provided for by this employment contract, the collective agreement, as well as the terms of the legislation of the Russian Federation;
- bring the Employee to disciplinary and material liability in cases provided for by the legislation of the Russian Federation;
- exercise other rights granted to him by the Labor Code of the Russian Federation.
3. CONDITIONS OF PAYMENT OF THE EMPLOYEE
3.1. For the performance of labor duties, the Employee is paid an official salary in the amount of rubles per month.
3.2. When performing work of various qualifications, combining professions, working outside the normal working hours, at night, weekends and non-working holidays, etc. The employee receives the appropriate additional payments:
3.2.1. Weekend work and non-working holidays are paid double.
3.2.2. An employee who performs for the same employer, along with his main job, stipulated by an employment contract, additional work in another profession (position) or performs the duties of a temporarily absent employee without being released from his main job, is paid an additional payment for combining professions (positions) or performing duties of a temporarily absent employee in the amount determined by the supplementary agreement to this contract.
3.2.3. Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. At the request of the Employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.
3.3. Downtime due to the fault of the employer, if the Employee warned the employer in writing about the beginning of downtime, is paid in the amount of at least two thirds of the average salary of the Employee. Downtime for reasons beyond the control of the employer and the Employee, if the Employee warned the employer in writing about the start of downtime, is paid in the amount of at least two thirds of the tariff rate (salary). Downtime due to the fault of the Employee is not paid.
3.4. The conditions and amounts of payment by the Company to the Employee of incentives are established in the collective labor agreement.
3.5. The Employer pays wages to the Employee in accordance with the "Regulations on wages" in the following order: .
3.6. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.
4. MODE OF WORKING TIME AND REST TIME
4.1. The employee is set a five-day working week with a duration of 40 (forty) hours. Days off are Saturday and Sunday.
4.2. During the working day, the Employee is given a break for rest and meals from 1:00 to 10:00, which is not included in working hours.
4.3. Labor of the Employee according to the position specified in clause 1.1. contract is carried out under normal conditions.
4.4. An employee is granted annual leave of 28 calendar days. Leave for the first year of work is granted after six months of continuous work in the Company. In cases stipulated by labor legislation, at the request of the Employee, leave may be granted before the expiration of six months of continuous work in the Company. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid holidays established in this Company .
4.5. For family reasons and other valid reasons, the Employee, upon his application, may be granted a short-term leave without pay.
5. SOCIAL INSURANCE OF THE EMPLOYEE
5.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.
6. WARRANTY AND REFUND
6.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.
7. RESPONSIBILITIES OF THE PARTIES
7.1. In the event of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation of labor legislation, the Employer's internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.
7.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.
7.3. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and (or) inaction of the Employer.
8. TERMINATION
8.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.
8.2. The day of termination of the employment contract in all cases is the last day of the Employee's work, except for cases when the Employee did not actually work, but the place of work (position) was retained for him.
9. FINAL PROVISIONS
9.1. The terms of this employment contract are confidential and not subject to disclosure.
9.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
9.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.
9.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.
9.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.
10. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
Employer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:
Worker Registration: Postal address: Passport series: Number: Issued by: By: Phone:
11. SIGNATURES OF THE PARTIES
Employer _________________
Worker _________________
The basis for the emergence of labor relations is an employment contract.
According to Article 56 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code), an employment contract is an agreement between an employer and an employee, in accordance with which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing norms of labor law, the collective agreement, agreements, local regulations and this agreement, pay wages to the employee in a timely manner and in full, and the employee undertakes to personally perform the labor function defined by this agreement in the interests, under the management and control of the employer, the internal labor regulations in force from this employer. The basis for the emergence of labor relations is an employment contract.
Form of employment contract
The law does not provide for a unified form for such documents, so the employer can draw them up in any form.
The employment contract is drawn up in writing and drawn up in two copies, each of which is signed by the parties.
One copy of the termless (or temporary) employment contract is transferred to the employee, the other is kept by the employer. An agreement that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his representative. The employer is obliged to draw up a standard contract with him in writing no later than three working days from the date of the actual admission of the employee to work.
The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.
The form of an employment contract can be drawn up not only on paper, but in electronic form. The exchange of documents in electronic form between employers and employees is carried out using public information and telecommunication networks, including the Internet.
An employment contract must necessarily contain the conditions specified in Article 57 of the Labor Code. At the same time, the non-inclusion of any mandatory conditions in the employment contract is not a basis for recognizing it as not concluded or for terminating it. In this case, the contract must be supplemented by the missing conditions by drawing up an addendum. employment contract agreements.
The subject of both an open-ended and a temporary employment contract is the personal performance of a certain kind of work, i.e. individual labor process, its organization and conditions (in contrast to civil law contracts, the subject of which is the result of labor).
The form of the employment contract must indicate that the employee must perform work related to his function (work in a certain specialty, qualification or position), while adhering to the internal regulations in force in this organization. At the same time, the employer undertakes to provide certain working conditions provided for by law and the agreement.
The parties to the employment contract are: as an employer - an enterprise of any form of ownership, an institution, an organization, individual citizens; as an employee - citizens who have reached the age of 16 (in exceptional cases, 15 years); students who have reached the age of 14 - in the cases and in the manner prescribed by law.
Individuals who have reached the age of 18 have the right to conclude and sign completed forms of temporary and indefinite employment contracts as employers, provided that they have civil capacity in full, as well as persons who have not reached the specified age, from the day they acquire civil capacity in full (Article 20 of the Labor Code of the Russian Federation).
The essential conditions that are mandatory for inclusion in the form of an employment contract are (Article 57 of the Labor Code of the Russian Federation):
— Place of work- the name and location of the organization where the employee is accepted. If the structural divisions of the organization are located in different localities and administrative districts, then the place of work when concluding an employment contract is specified in relation to these structural divisions. Since the place of work is a necessary contractual condition, its change is possible only by mutual agreement of the parties.
— Labor function- the type of work in accordance with the qualifications for a particular profession (position) that the employee must perform. The type of work remains unchanged for the duration of the temporary employment contract. The employer does not have the right to require the employee to perform work not stipulated by the contract.
— Start date(and the date of its end, if a fixed-term (temporary) employment contract is concluded). The start time of work is a necessary condition and is essential, since from that moment on the employee is subject to the legislation on wages. Usually, the start of work follows immediately after the conclusion of the contract. However, the parties may agree on some delay in this moment. If the term is not specified, then such an agreement is considered an open-ended employment contract.
—Terms of payment(including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments). The wage condition must also be considered as essential, and it must be indicated in the form of the employment contract, otherwise such a document cannot be considered concluded. In accordance with Article 129 of the Labor Code of the Russian Federation, when remunerating workers, tariff rates, salaries, as well as a tariff-free system, if the organization considers such a system the most appropriate, can be applied.
— Other conditions provided for by Article 57 of the Labor Code of the Russian Federation.
In addition, the document must be noted if it is concluded for the period of seasonal work, if it is urgent (temporary) or part-time.
The form of an open-ended employment contract may contain additional conditions, for example (Article 57 of the Labor Code of the Russian Federation):
- establishing a probationary period,
- about non-disclosure of secrets protected by law,
- about combining professions (positions),
— on the types and conditions of additional employee insurance,
- on improving the social and living conditions of the employee and his family members,
- on the obligation of the employee to work after training for at least the period established by the employment contract, if the training was carried out at the expense of the employer,
- on the duration of additional leave, as well as other conditions that do not worsen the position of the employee in comparison with the Labor Code of the Russian Federation, laws and other regulatory legal acts (Article 57 of the Labor Code of the Russian Federation).
The standard form of an employment contract with an employee contains the following appendices:
- Job description;
- Schedule;
— Agreement on non-disclosure of confidential information.
The form of the employment contract contains the following related documents:
- Additional agreement.
Features worth paying attention to
When hiring a new employee for a permanent job, in his employment contract, indicate the specific amount of salary (tariff rate) in rubles. It is not advisable to write down the phrase “the employee’s salary is set according to the staff list” in the employment contract.
The fact is that if you make such a reference in the employment contract to the staffing table, it will become an integral part of this employment contract. In such a situation, each time you will have to acquaint the employee under signature with the staffing table and with all the changes in it.
In addition, difficulties may arise with the execution of an order for hiring an employee, since the lines of form No. T-1 “with a tariff rate (salary)”, “surcharge” are designed specifically for writing in numbers. The same applies to filling out Form No. T-1a.
An important nuance: an employment contract is also one of the documents that confirms the validity of labor costs. And not only salaries, but also other payments to the employee, which, according to Article 255 of the Tax Code of the Russian Federation, must be provided for in the employment contract so that their amount can be taken into account when calculating income tax.
Numbering of employment contracts
In practice, the question often arises: is it necessary to number employment contracts? The legislation does not provide a clear answer to this question.
Mandatory information that an employment contract must contain is listed in Article 57 of the Labor Code of the Russian Federation. An employment contract concluded with an athlete, coach, must additionally contain the mandatory conditions listed in Article 348.2 of the Labor Code of the Russian Federation. The number of the employment contract is not among the mandatory information.
At the same time, some unified forms of documents for accounting for labor and its payment provide for the numbering of employment contracts (for example, form No. T-1, approved by Resolution No. 1 of the State Statistics Committee of Russia dated January 5, 2004). Therefore, in order to correctly fill out the documents, it is advisable to assign numbers (number) to employment contracts.
The procedure for such numbering is not regulated by law. Therefore, the organization has the right to develop it independently. In practice, a system is used in which the number of the employment contract consists of its own contract number and numbers indicating the month (year) of its conclusion (for example, an employment contract concluded in March 2011 is assigned the number 16/03, where 16 is the serial number of the contract, 03 - month of conclusion of the contract). Such explanations are given in the letter of Rostrud dated August 9, 2007 No. 3045-6-0.
EMPLOYMENT CONTRACT No. _____
____________________ "____" ___________ 2018
(place of compilation)
(Name of organization, enterprise, etc.) hereinafter referred to as the Employer, represented by (position, full name) acting on the basis of (charter, regulation, power of attorney) on the one hand, and citizen (ka) of Russia (Surname , name, patronymic, details of a passport or a document replacing it) hereinafter referred to as (May) the Employee acting in his own interests and on his own behalf, on the other hand, have concluded this employment contract (hereinafter referred to as the Contract) as follows:
1. GENERAL PROVISIONS
1.1. An employee is hired
— to the enterprise as (profession, qualification);
-for the position
to perform the following job duties (brief description).
1.2. Place of work of the Employee - ____________ (address of the organization).
1.3. The employee is hired in (department, subdivision) of the organization of the Employer.
1.4 The employee reports directly to the manager ___________________________.
1.5. Work under this employment contract is for the Employee ________ (main, external (internal) part-time job)).
1.6. The employment contract is concluded between the Employer and the Employee for a period of time (delete the unnecessary)
- for ______ year (month) and is valid from "__" _________ 2018 to "__" ___________2018;
- For undefined period;
- for the duration of the work stipulated by this Agreement.
1.7. This employment contract comes into force from the day the Employee is admitted to work, as determined by clause 1.7 of the contract.
1.8. The start date of work is from "__" _________ 2018.
1.9. The Employee is set a trial period of _____ months in order to verify the compliance of the Employee with the assigned work.
1.10. Performing his immediate labor duties in accordance with this Agreement, the Employee will proceed from the Charter (Regulations) of the enterprise, the internal labor regulations in the organization.
2. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE
2.1. The employee has the right to:
2.1.1. Providing him with work stipulated by this employment contract.
2.1.2. Ensuring safety and working conditions that meet the regulatory requirements of labor protection.
2.1.3. Timely and in full payment of wages in accordance with the qualifications, complexity, quantity and quality of work performed.
2.1.4. Complete and reliable information about working conditions and labor protection requirements at the workplace. The employee has other rights provided for by the labor legislation of the Russian Federation, this employment contract.
2.2. The employee is obliged:
2.2.1. Conscientiously fulfill their labor duties assigned to him by this employment contract and job description.
2.2.2. Comply with the labor regulations in force at the Employer, the requirements for labor protection and ensuring labor safety, other local regulations of the Employer directly related to the work activity of the Employee, with which the Employee was familiarized under signature before signing this employment contract.
2.2.3. Observe labor discipline.
2.2.4. Take care of the property of the Employer, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, and other employees.
2.2.5. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer's property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property), property of other employees. The employee is obliged to perform other duties stipulated by the labor legislation of the Russian Federation and this employment contract and job description.
2.2.6. Do not disclose, without the consent of the immediate supervisor, the scientific, technical and other commercial and confidential information obtained during the work.
3. RIGHTS AND OBLIGATIONS OF THE EMPLOYER
3.1. The employer has the right:
3.1.1. Require the Employee to conscientiously fulfill the obligations under this employment contract.
3.1.2. Adopt local acts directly related to the work activity of the Employee, including labor regulations, labor protection and labor safety requirements.
3.1.3. Bring the Employee to disciplinary and financial liability in accordance with the procedure established by the Labor Code of the Russian Federation, other federal laws.
3.1.4. Encourage the Employee for conscientious efficient work. The employer has other rights provided for by the labor legislation of the Russian Federation, this employment contract.
3.2. The employer is obliged:
3.2.1. Provide the Employee with work stipulated by this employment contract.
3.2.2. Ensure the safety and working conditions of the Employee in accordance with the regulatory requirements of labor protection.
3.2.3. Provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his job duties.
3.2.4. Pay in full the wages due to the employee on time.
3.2.5. To process and ensure the protection of the Employee's personal data in accordance with the legislation of the Russian Federation.
3.2.6. To acquaint the Employee against the signature with the adopted local regulations directly related to his work activity.
3.2.7. Provide for the daily needs of the Employee related to the performance of their labor duties.
3.2.8. Pay for the training of the Employee in case of production necessity in order to improve his qualifications. The employer performs other duties stipulated by the labor
legislation and other regulatory legal acts containing the norms
labor law, collective agreement, agreements, local regulations
acts and this employment contract.
4. PAYMENT AND SOCIAL GUARANTEES
4.1. For the performance of labor duties stipulated by this employment contract, the Employee is established:
- official salary in the amount of ________ rubles. per month.
- percentage of sales ____;
- (Further).
4.2. The payment of bonuses and remuneration to the Employee is made in the manner established in the Regulations on remuneration, with which the Employee is familiarized when signing this employment contract.
4.3. Payments of wages to the Employee are made at least every half a month on time and in the manner established by the Regulations on wages and other local regulations of the Employer.
4.4. Salary to the Employee is paid by:
- issuance of cash from the cash desk;
- by transfer to the current account in the bank _____________.
- (Further).
4.5. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.
4.6. The Employee is subject to benefits, guarantees and compensations established by the legislation of the Russian Federation and local regulations of the Employer.
5. WORKING AND REST TIME
5.1. The employee is set a (normalized, non-standardized) working day.
- normalized.
The employee is assigned a 5-day working week of 8 (eight) hours. Days off are Saturday and Sunday.
- unregulated.
The monthly (weekly) norm of working time is _______ hours. The normal duration of the working day should not exceed 8 (4) hours per day. Breaks for rest and meals are not included in working hours. Overtime overtime is paid at the rate of ________ per hour.
5.2. The employee is provided with an annual basic paid leave of _______ calendar days. The right to use the leave for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the Parties and in accordance with the labor legislation of the Russian Federation, paid leave may be granted to the Employee before the expiration of six months. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the vacation schedule.
5.3. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay. The duration of the specified leave is determined by agreement of the Parties and in accordance with the labor legislation of the Russian Federation.
6. SOCIAL INSURANCE
6.1. An employee is subject to compulsory social insurance (pension, medical, industrial accidents and occupational diseases) in accordance with the Labor Code of the Russian Federation and other federal laws.
7. OTHER TERMS OF THE EMPLOYMENT CONTRACT
7.1. The Employee undertakes, during the term of this employment contract and after its termination for _______ years, not to disclose a commercial secret protected by law, which became known to the Employee in connection with the performance of his labor duties. The Employee must be familiarized with the list of information constituting a commercial secret protected by law against signature.
7.2. In case of violation of the procedure for using and unlawful disclosure of information specified in clause 7.1 of this agreement, the relevant guilty Party to the agreement is obliged to compensate the other Party for the damage caused.
8. RESPONSIBILITY OF THE PARTIES TO THE EMPLOYMENT CONTRACT
8.1. The Employer and the Employee are responsible for non-fulfillment or improper fulfillment of the assumed duties and obligations established by this employment contract, local regulations of the Employer, and the legislation of the Russian Federation.
8.2. For committing a disciplinary offense, that is, non-performance or improper performance by the Employee due to his fault of the labor duties assigned to him, the Employee may be subject to disciplinary sanctions provided for in Article 192 of the Labor Code of the Russian Federation.
8.3. The Employer and the Employee may be brought to material and other types of legal liability in cases and in the manner provided for by labor legislation and other federal laws.
9. AMENDMENT AND TERMINATION OF AN EMPLOYMENT CONTRACT
9.1. Each of the Parties to this employment contract has the right to raise with the other Party the question of supplementing it or otherwise amending the employment contract, which, by agreement of the Parties, are drawn up by an additional agreement that is an integral part of the employment contract.
9.2. Amendments and additions may be made to this employment contract by agreement of the Parties also in the following cases:
when changing the legislation of the Russian Federation in the part affecting the rights, obligations and interests of the Parties, as well as when changing the local regulations of the Employer;
in other cases provided for by the Labor Code of the Russian Federation.
9.3. If the Employer changes the terms of this employment contract (with the exception of the labor function) for reasons related to changes in organizational or technological working conditions, the Employer is obliged to notify the Employee in writing no later than two months before they are changed (Article 74 of the Labor Code of the Russian Federation) . The Employer is obliged to notify the Employee personally and against signature of the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees at least two months before the dismissal.
9.4. This employment contract is terminated only on the grounds established by the Labor Code of the Russian Federation and other federal laws. Upon termination of the employment contract, the Employee is provided with guarantees and compensations provided for in Chapter 27 of the Labor Code of the Russian Federation, as well as other norms of the Labor Code of the Russian Federation and other federal laws.
10. FINAL PROVISIONS
10.1. Labor disputes and disagreements of the Parties regarding compliance with the terms of this employment contract are resolved by agreement of the Parties, and in case of failure to reach an agreement, they are considered by the labor dispute commission and (or) the court in the manner prescribed by the legislation of the Russian Federation.
10.2. In the part not provided for by this employment contract, the Parties are guided by the legislation of the Russian Federation.
10.3. This employment contract is concluded in two copies, having the same legal force. One copy is kept by the Employer in the Employee's personal file, the second one is kept by the Employee.
10. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES
Employer:
Address:
Tel.:
TIN / KPP
r/s
in the bank
f/s
BIC
OKPO
Worker:
Passport:
Registration address:
TIN:
SNILS:
Signatures of the parties to the employment contract:
Employer Employee
Signature I. O. Surname Signature I. O. Surname
Updated: November 2018
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