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Labor contract with the employee. Employment contract

An employment contract is an agreement between an employer and an employee about the nature and duration of the employment relationship. An employment contract legally formalizes the mutual rights and obligations of participants in labor relations. A properly drafted employment contract will protect the interests of the employer without infringing on the rights of the employee, and will help 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 in a designated job function, to ensure working conditions provided for by labor legislation and other regulations, to pay the employee wages in a timely manner and in full, and the employee, for his part, undertakes personally perform the labor function defined by this agreement, comply with the internal labor regulations in force of the employer. The main document regulating labor relations is the Labor Code, and the terms of the employment contract should not contradict its articles. Moreover, in controversial situations, they will be interpreted as described in the labor code.

An employment contract should be distinguished from. An employment contract provides the employee with a number of benefits, guarantees and compensations not provided for in contractual relations.

Sometimes in practice the terms employment contract and employment 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 that a copy of the employment contract has been received by the employee is certified by the employee’s signature on the copy of the employment contract kept by the employer.

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

According to the Labor Code, an employment contract may contain additional conditions that do not worsen the employee’s position in comparison with those established by labor legislation and other regulatory legal acts, a collective agreement, agreements, and local regulations, namely:

Condition for clarification of the place of work, indicating the structural unit of registration and its location;
Probationary period condition;
Non-disclosure agreement for proprietary or commercial information;
A condition on the employee’s obligation to work after training for no less than the period established by the contract, if the training was carried out at the expense of the employer;
Agreement on the types and conditions of additional social and medical insurance for the employee;
Condition on the possibility of improving the social and housing conditions of the employee;
A clause clarifying the working conditions of a given employee, as well as the rights and obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms.

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

You will find a completed sample employment contract with various categories of employees, available for download, in this article. Using specific examples, we will show how to fill out the document correctly, taking into account the requirements of the law and business etiquette.

The legislation does not provide for a unified form of employment contract. It is compiled in any form.

Samples of employment contracts

Expert commentary

If there are no mandatory terms in the employment contract or there is an error in them, you may be fined. The cost of a mistake for the company is 50,000 rubles. It will cost the director at least 5,000 rubles. We will protect you from fines. The BukhSoft program generates employment contracts automatically. Moreover, it takes into account the specifics of the work of a specialist in any profession. With our program you can be confident in every point of this document.

Sample of filling out an employment contract

How to fill out an employment contract

The contract form must contain the mandatory details specified in Chapter. 10, 11 Labor Code of the Russian Federation. However, it will not be considered unconcluded if these details are missing. However, additions need to be made to the document.

The document is drawn up in two copies - one copy each for the employee and the employer. Both copies are signed by the future employee and the employer or his authorized representative (Part 1 of Article 67 of the Labor Code of the Russian Federation).

Please note that the employee’s position in the contract must correspond to the position specified in the staffing table. Otherwise, labor inspectors may impose a fine in the amount (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation):

for legal entities – from 30,000 to 50,000 rubles;
for officials - from 1000 to 5000 rubles.

In case of repeated violation, the fine increases for companies - from 50,000 to 70,000 rubles, for their managers and officials - from 10,000 to 20,000 rubles. Also, these persons may be disqualified for a period of 1 to 3 years.

Do not include terms in the employment contract that limit or reduce the employee's guarantees. The organization can be punished under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

These conditions include exceeding the probationary period by more than three months, except for:

directors of companies and their deputies;
chief accountants and their deputies;
management of branches and representative offices.

For these persons, the probationary period can be no more than six months (Article 70 of the Labor Code of the Russian Federation).

The contract cannot include conditions on reducing vacation time, extending working hours during a shortened work week, prohibiting being a part-time worker, etc.

This information relates to a series of articles on the procedure for registering an employee and his financial responsibility:

The concept of an employment contract

The basis for the emergence of labor relations is the employment contract.

According to Article 56 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code) employment contract- this is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to a specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement, to pay the employee wages on time and in full, and the employee undertakes to personally perform the labor function determined by this agreement in the interests, under the management and control of the employer, to comply with the internal labor regulations in force for this employer.

It follows from the definition that the parties to the labor relationship and the employment contract are the employer and the employee.

Employees are individuals who have entered into an employment relationship with an employer who have reached the age of 16 (in cases established by law - and persons under 16 years of age).

Employers are both individuals and legal entities. On behalf of a legal entity, the rights and obligations of the employer in labor relations are exercised by its management bodies (organization managers) or persons authorized by them.

An employment contract must necessarily contain the conditions specified in Article 57 of the Labor Code. At the same time, failure to include any mandatory conditions in the employment contract is not a basis for recognizing it as not concluded or for its termination. In this case, the contract must be supplemented with the missing terms by drawing up additional terms. agreements to the employment contract.

The employment contract may also include other conditions that do not worsen the employee’s position in comparison with established labor legislation and other regulations, collective agreements, agreements, and local regulations.

Note: an employment contract cannot include conditions that limit an employee in choosing a court to resolve a labor dispute (letter of Rostrud dated August 7, 2018 No. PG/25583-6-1, rulings of the Supreme Court of the Russian Federation dated May 14, 2018 No. 81-KG18-4, dated August 14, 2017 No. 75-KG17)

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

What conditions cannot be included in an employment contract?

Not all employers take into account the requirements of the law and include conditions in employment contracts that cannot be applied by law. Here are the provisions that are contrary to law that employers most often include in an employment contract:

An indication in the text of the employment contract of its urgency in the absence of the grounds for its establishment established by Article 59 of the Labor Code. If there is no justification for its urgency in the employment contract, the provision on its urgency is considered illegal, and the employment relationship is considered to last indefinitely (letter of Rostrud dated November 30, 2009 No. 3523-6-1, appeal ruling of the Sverdlovsk Regional Court dated November 2, 2016 in case No. 33- 19196/2016).

The condition of a probationary period of more than 3 months (with the exception of management employees).

Conditions that combine main work and part-time work in one contract, because this is a separate labor relationship (Letter of the Ministry of Labor of Russia dated April 26, 2017 No. 14-2/B-357).

Do not indicate information about the place of work of the remote worker, because this contradicts the requirements of Article 57 of the Labor Code (Letter of Rostrud dated 10/07/2013 No. PG/8960-6-1).

Treat with care the property of the Employer, including the property of third parties located at the Employer, if the Employer is responsible for the safety of this property, and other employees.

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 owned by the Employer, if the Employer is responsible for the safety of this property, and the property of other employees.

______________________________________________________________________

The employee is obliged to perform other duties provided for by the labor legislation of the Russian Federation and this employment contract

3. Rights and obligations of the Employer

The employer has the right:

The employee is granted annual additional paid leave of _____ duration in connection with ______________________ (indicate the basis for establishing additional leave)

Annual paid leave (main, additional) is provided in accordance with the vacation schedule.

6. Social insurance

The employee is subject to compulsory social insurance in connection with work activities. The types and conditions of compulsory social insurance of an employee in connection with work activities are carried out by the Employer in accordance with the legislation of the Russian Federation.

The employee has the right to additional ______________________ (type of insurance) insurance on the terms and in the manner established by ________________________ (name of the Employer’s local regulatory act).

7. Other terms of the employment contract

The Employee undertakes, during the term of this employment contract and after its termination for ______ years, not to disclose secrets protected by law (state, commercial, official and other secrets) that have become known to the Employee in connection with the performance of his job duties.
The list of information constituting a secret protected by law (state, commercial, official and other secrets) must be familiarized to the Employee against signature.

The employer is obliged to comply with the procedure for processing, other use and ensuring the safety of the employee’s personal data provided for by labor legislation and other federal laws.

In case of failure to fulfill the obligation to violate the procedure for using and unlawfully disclosing information specified in clauses 25 and 26 of this agreement, the corresponding guilty party to the agreement is obliged to compensate the other party for the damage caused.

Other terms of the employment contract ____________________________.

8. Responsibility of the parties to the employment contract

The Employer and the Employee are responsible for failure to fulfill or improper fulfillment of their obligations established by this employment contract, local regulations of the Employer, and the legislation of the Russian Federation.

For committing a disciplinary offense, that is, failure or improper performance by the Employee through his fault of the labor duties assigned to him, disciplinary sanctions may be applied to the Employee as provided for in Article 192 of the Labor Code of the Russian Federation.

The employee and employer may be brought to financial and other types of legal liability in cases and in the manner provided for by labor legislation and other federal laws.

9. Change and termination of the employment contract

Each of the parties to this employment contract has the right to raise with the other party the question of its addition or other changes to the employment contract, which, by agreement of the parties, are formalized by an additional agreement, which is an integral part of the employment contract.

Changes and additions may be made to this employment contract by agreement of the parties also in the following cases:
- when the legislation of the Russian Federation changes in the part affecting the rights, obligations and interests of the parties, as well as when the local regulations of the Employer change;
  
  in other cases provided for by the Labor Code of the Russian Federation.

If the Employer changes the terms of this employment contract (except for 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 their change (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 due to the liquidation of the organization, reduction in the number or staff of the organization’s employees, at least two months before the dismissal.

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 an employment contract, the Employee is provided with guarantees and compensation 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

Labor disputes and disagreements between 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 established by the legislation of the Russian Federation.

An employment contract with an employee is concluded in writing in two copies: one remains with the employer, the second is given to the employee. The employer's copy must bear the signature of the employee who received the contract.
The law does not establish the mandatory assignment of numbers to employment contracts, but their numbering can be introduced by the employer’s decision to facilitate accounting. Placing a stamp in an employment contract is also not required by law.
You can download a sample contract from the link: .

Without fail, the employment contract must contain the information required by law. If they are not in the contract, then it is considered invalid. The employer can add additional conditions to the contract, but these additions should not worsen the employee’s position.

Mandatory terms of the employment contract

Full name of the employee;
name of the employer-organization or full name of the individual entrepreneur;
information about the person who signed the employment contract on behalf of the employer (his representative);
passport details of the employee and employer-individual entrepreneur;
TIN (if available);
place and date of conclusion of the contract;
place of work (if an employee is accepted into a branch, it is necessary to indicate the division and address of the branch location);
position in accordance with the staffing table (if the position is not included in the staffing table, then indicating it in the contract is unacceptable);
work start date;
the completion date of the work if the contract is fixed-term (the absence of a validity period in the contract means that it is indefinite); terms of remuneration (salary, additional payments, allowances, bonuses, other incentive payments);
working hours and rest schedule;
guarantees and compensation when working under harmful and dangerous working conditions (if the employee is hired for such work);
working conditions in the workplace;
condition on compulsory social insurance.

EMPLOYMENT AGREEMENT No.

______________ Sample “_____”____________ 2019

___________________________Vesna LLC ___________________________________ in person d director _______________________Full name ____________________, acting on the basis ____________________ Charter of Vesna LLC ___________________, hereinafter referred to as
« Employer", on the one hand, and gr.________________________________________________,
passport: series ________, No. ________, issued by ________________________, residing at the address: ________________________________________________, hereinafter referred to as “ Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The employee is hired by the Employer to perform work in the position of ________________________ in ________________________.

1.2. The employee is obliged to start work on “___” _____________ 201__.

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 agreement is the main one for the Employee.

1.5. The Employee’s place of work is _________________________________ at the address: ________________________________________________.

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 job responsibilities: ________________________________________________.

2.2.2. Comply with the internal labor regulations established by the Employer, production and financial discipline, and conscientiously perform their job duties specified in clause 2.2.1. this employment contract.

2.2.3. Take care of the Employer’s property, maintain confidentiality, and not disclose information and information that is a trade secret of the Employer.

2.2.4. Do not give interviews, conduct meetings or negotiations regarding the activities of the Employer without the permission of its management.

2.2.5. Comply with labor protection, safety and industrial sanitation requirements.

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 (work) 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 the Employee in the amount established in clause 3.1. this employment contract.

2.3.4. Pay bonuses and remuneration in the manner and on the terms established by the Employer, provide financial assistance taking into account the assessment of the Employee’s personal labor participation in the Employer’s work in the manner established by the Regulations on remuneration and other local acts of the Employer.

2.3.5. Carry out compulsory social insurance for the Employee in accordance with the current legislation of the Russian Federation.

2.3.6. Pay for training, if necessary, in order to improve the Employee’s qualifications.

2.3.7. Familiarize the Employee with labor protection requirements and 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 legal requirements;

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 amount provided for by this employment contract, the collective agreement, as well as the conditions of the legislation of the Russian Federation;

Bring the Employee to disciplinary and financial 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 FOR THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is given a salary in the amount of ________ rubles per month.

3.2. When performing work of various qualifications, combining professions, working outside normal working hours, at night, on weekends and non-working holidays, etc. The employee is paid the following additional payments:

3.2.1. Work on weekends and non-working holidays is paid double.

3.2.2. An employee who performs for the same employer, along with his main work stipulated by an employment contract, additional work in another profession (position) or performing the duties of a temporarily absent employee without being released from his main job, is paid additionally for combining professions (positions) or performing duties of a temporarily absent employee in the amount determined by the additional agreement to this agreement.

3.2.3. Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. At the Employee's request, 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 caused by the employer, 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 Employee’s average salary. Downtime due to reasons beyond the control of the employer and the Employee, if the Employee has 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 caused by the Employee is not paid.

3.4. The conditions and amounts of payment of incentives by the Company to the Employee are established in the collective labor agreement.

3.5. The Employer pays wages to the Employee in accordance with the “Regulations on Remuneration” in the following order: ________________________________________________.

3.6. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

4. WORKING AND REST TIME REGIME

4.1. The employee is assigned a five-day working week of 40 (forty) hours. Weekends are Saturday and Sunday.

4.2. During the working day, the Employee is given a break for rest and food from ________ hours to ________ hours, which is not included in working hours.

4.3. Work of the Employee in the position specified in clause 1.1. agreement is carried out under normal conditions.

4.4. The employee is granted annual leave of 28 calendar days. Vacation for the first year of work is granted after six months of continuous work in the Company. In cases provided for 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 provided at any time of the working year in accordance with the order of provision of annual paid leave established in this Company .

4.5. For family reasons and other valid reasons, the Employee, at his request, may be granted short-term leave without pay.

5. EMPLOYEE SOCIAL INSURANCE

5.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation.

6. WARRANTY AND COMPENSATION

6.1. During 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. RESPONSIBILITY OF THE PARTIES

7.1. In case of failure or improper performance by the Employee of his duties 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 bears disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.

7.2. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.

7.3. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and (or) inaction of the Employer.

8. TERMINATION OF THE AGREEMENT

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 work of the Employee. Except for cases when the Employee did not actually work, but he retained his place of work (position).

9. FINAL PROVISIONS

9.1. The terms of this employment contract are confidential and are 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 during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.

9.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

9.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

Download the 2016 employment contract form. Download the form of the employment contract between individual entrepreneurs and employees, 2016. Download the employment contract form with a probationary period of 2016. View a sample of filling out employment contracts.

An employment contract is a legal agreement between an employer and an employee. The only document on the basis of which labor law comes into force is its basic norms.

Types of employment contracts

Employment contracts can be concluded:

for a certain period (no more than five years) or to perform a specific job (urgent)
for an indefinite period (indefinite - the same as being hired for a permanent job)

As a general rule, an employment contract must be concluded for an indefinite period. The following agreement is considered the same:

if it does not indicate the period of its validity
if at the end of the term of the fixed-term contract it was not terminated and the employee continues to work
if a fixed-term contract is concluded without sufficient grounds.

A fixed-term employment contract is concluded when the assigned work activity is short-term (seasonal, for example), or such a contract cannot be concluded for an indefinite period. Such cases are stipulated by law.

A fixed-term employment contract can be drawn up:

when someone is hired instead of a temporarily absent employee, whose position is reserved
for seasonal work
when work is expected in areas of the Far North and equivalent areas, if this involves relocation
to prevent or eliminate the consequences of disasters, epidemics and the like; if the employee gets a job in a small business organization (up to 40 people), retail trade, personal services (up to 25 people) or an individual
to work abroad; to carry out temporary work unusual for this enterprise (commissioning, installation of equipment, expansion of production, etc.)
with pensioners, as well as people whose health status requires temporary work
with a referral for temporary work (including public work) from the employment service
some other cases

What documents should a new employee present when applying for a job?

When applying for a job, a person must present certain documents to the HR employee. Here is their list:

passport or another identification document. For example, a birth certificate for persons under 14 years of age, a foreign passport for Russian citizens permanently residing outside its territory
work book (except for part-time workers and those entering work for the first time)
insurance certificate of state pension insurance (except for those entering work for the first time)
military registration documents. For those liable for military service in the reserve - a military ID or a temporary certificate issued in place of a military ID, and for conscripts - a certificate of a citizen subject to conscription for military service (clause 18 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719)
document on education, qualifications or special knowledge (if the job requires special knowledge or special training)
certificate of presence (absence) of a criminal record or criminal prosecution (if the work is related to activities to which persons who have or have had a criminal record are not allowed, for example, teaching activities) (Article 331 of the Labor Code of the Russian Federation)

This is stated in Article 65 of the Labor Code of the Russian Federation.

Documents that are not on this list can be requested only in cases provided for by law. For example, if a company hires an employee to work in harmful or dangerous working conditions, he must submit an appropriate conclusion based on the results of a preliminary medical examination, signed by a doctor and certified by the seal of a medical institution (Article 213 of the Labor Code of the Russian Federation).

In practice, the question often arises: is it possible to hire a Russian citizen who does not have registration at the place of residence and a certificate of assignment of a TIN? Yes, it is possible. Lack of residence registration is not is an obstacle to hiring an employee. Moreover, it is prohibited to refuse an applicant on this basis (Part 2 of Article 64 of the Labor Code of the Russian Federation). This point of view is confirmed in paragraph 11 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

The certificate of assignment of an individual tax number (TIN) is not mentioned in Article 65 of the Labor Code of the Russian Federation as a document required when hiring. Therefore, as a general rule, there is no need to demand it from the employee. However, in some cases, the presentation of the TIN by an employee is a mandatory condition for his employment. For example, such a requirement applies to concluding a service contract with a civil servant (Article 28 of the Labor Code of the Russian Federation, clause 6, part 2, article 26 of the law of July 27, 2004 No. 79-FZ).

Another important question: is it possible to refuse to hire a citizen who does not have a pension insurance certificate?

No you can not. When applying for a job, a citizen must present a pension insurance certificate (paragraph 4, part 1, article 65 of the Labor Code of the Russian Federation). However, there may not be a certificate if a citizen goes to work for the first time or if he has lost this document.

In the first case, the company is obliged to independently issue a pension insurance certificate for a new employee.

In the second case, the citizen had to independently apply for the restoration of the certificate due to its loss to the branch of the Pension Fund of the Russian Federation at the place of residence. Within a month from the date of filing such an application, he must receive a duplicate of the insurance certificate of the insured person. This procedure for restoring the insurance pension certificate is specified in paragraphs 5, 6 of Article 7 of Law No. 27-FZ dated April 1, 1996 and paragraph 22 of the Instruction approved by Resolution of the Board of the Pension Fund of the Russian Federation dated July 31, 2006 No. 192p.

If a citizen has not applied to the Pension Fund office with the specified application, the organization can hire him and independently issue him a duplicate of the lost certificate (Clause 5, Article 7 of Law No. 27-FZ of April 1, 1996).

Documents submitted by a newly hired person must be copied and stored, for example, in the employee’s personal file. There may also be a work book, an employment contract, an order for employment and all subsequent orders relating to the employee.

What documents should the HR department prepare for a new employee?

When hiring:

the employee usually writes a statement
the employee and the company administration enter into an employment contract
the head of the company issues a hiring order

In addition, before concluding an employment contract, the employee must be familiarized (with signature) with the Labor Regulations (how to draw up this document, see page 106) and other internal documents regulating labor activities. In particular, these are:

job description
safety instructions

To familiarize the employee with these documents, fill out a sheet of familiarization with local acts.

In addition, a personal card is issued for the newly hired employee in form No. T-2.

If an employee gets a job for the first time, the company must issue him a work book and issue an insurance pension certificate (Part 4 of Article 65 of the Labor Code of the Russian Federation).

Employment contract with employees for 2016

An employment contract is the main document that confirms the existence of an employment relationship between an employee and the company. In case of disputes, each party has the right to refer to the conditions that the parties agreed upon in the employment contract.

When hiring a new employee for a permanent job, indicate in his employment contract a specific salary amount (tariff rate) in rubles. It is inappropriate to write down the phrase “the employee’s salary is set according to the staffing table” in the employment contract.

The fact is that if you make such a reference to the staffing table in the employment contract, it will become an integral part of this employment contract. In such a situation, each time you will have to familiarize the employee, against signature, with the staffing table and all changes in it.

In addition, difficulties may arise with issuing an order to hire an employee, since the lines of form No. T-1 “with the tariff rate (salary)”, “allowance” are designed specifically for recording 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.

Document form

Concluding an employment contract in writing is mandatory (Part 1, Article 67 of the Labor Code of the Russian Federation). The agreement must be drawn up in two copies. After signing, one copy of the employment contract is given to the employee, the other remains with the employer.

Contents of the employment contract, conditions of imprisonment

They can be divided into essential and optional.

Essential - mandatory conditions, in the absence of which the employment contract will not be considered concluded and labor relations will not arise
Optional – additional, the presence or absence of which does not affect the conclusion of the contract; these special conditions are included in the employment contract if necessary, desired and agreed upon by the parties

A sample of a standard employment contract must contain:

Place of future work (name of the organization; if the employee is accepted into a structural unit, then its name and address)
Start date of work (usually this is the date specified in the contract; if the employee began his duties at the request of the employer earlier than the agreed date, the actual date of start of work is stated in the contract)
Job functions of the employee, according to his specialization, profession in accordance with the staffing table of the enterprise. If there is no such position in the qualification directories, the organization has the right to introduce it and describe it in detail; but here it is necessary to take into account that the benefits or restrictions provided for specialties and professions are associated with the titles of positions that are in the qualification directory of the Russian Federation
Rights and obligations of the parties. It is more expedient to describe them specifically - regarding the position of the employee and his labor functions in the organization
Working conditions: this applies to hard, dangerous or harmful work. This paragraph specifies the benefits and compensation provided. Also, for employees of special categories (under 18 years of age, nursing mothers and others) an individual contract is drawn up with a simplified work and rest regime.
Salary. Here, in addition to the salary, allowances, additional payments, bonuses, etc. are stipulated - all this is established in accordance with the current legislation and the internal charter of the organization
If an organization insures its employees, the types (medical, pension) and conditions of this insurance related to the employee’s work activity are indicated separately.

In addition to the mandatory ones, you can include additional clauses in the employment contract, for example, on a probationary period, non-disclosure of any information, additional incentives for any labor achievements, etc. The main condition is that these additions do not in any way worsen the employee’s position regarding labor code.

Employment contracts are drawn up in two copies and signed by both parties.

Numbering of employment contracts

In practice, the question often arises: is it necessary to number employment contracts? The legislation does not contain 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 or coach must additionally contain the mandatory conditions listed in Article 348.2 of the Labor Code of the Russian Federation. The employment contract number is not required information.

At the same time, some unified forms of documents for recording labor and its payment provide for the numbering of employment contracts (for example, form No. T-1, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Therefore, in order to correctly fill out documents, it is advisable to assign numbers (numeration) 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 clarifications are given in the letter of Rostrud dated August 9, 2007 No. 3045-6-0.