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Employment contract with an electric and gas welder. How to draw up a civil law contract with a welder? Contract with an employee snt welder sample

limited liability ">Limited Liability Company "Beta"
LLC "Beta"

EMPLOYMENT CONTRACT

03.10.2016 № 101/2016

Moscow

Limited Liability Company "Beta", hereinafter referred to as the "Employer", represented byCEO Petrov Alexander Ivanovich, acting his based charter, on the one hand, andPavlov Petr Dmitrievich, we call thhereinafter referred to as the "Employee", on the other hand, hereinafter jointly referred to as the "Parties", have concluded this employment contract (hereinafter referred to as the Contract) as follows:

1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

1.1. The Employer instructs, and the Employee assumes the execution job duties Bypositions of a welder.
1.2. This Agreement regulates labor and directly related relations between the Employee and the Employer.
1.3. The work under this Agreement is the main one for the Employee.
1.4. The place of work of the Employee isLLC "Beta".
!} 1.5. In order to verify the suitability of the position held, the Employee is placed on a three-month probation.
1.6. The period of temporary disability of the Employee and other periods when he was actually absent from work are not included in the probationary period.
1.7. During the trial period, this Agreement may be terminated at the initiative of either Party with a warning to the other Party three days before the termination of this Agreement.
1.8. Working conditions at the employee's workplace -harmful (subclass 3.3)which gives him the right toadditional vacation, shorter working hours and higher wages.

2. TERM OF THE CONTRACT

2.1. The employee undertakes to start performing his labor duties withOctober 3, 2016!} .
2.2. This Agreement is concluded onindefinite term.

3. CONDITIONS OF PAYMENT OF THE EMPLOYEE

3.1. For the performance of labor duties stipulated by this Agreement, the Employee is paid a salary, which includes:
3.1.1. Salary in the amount of 30,000 (Thirty thousand) rubles per month, allowance for work in hazardous working conditions - 800 (Eight hundred) rubles per month.
holidays, overtime work), which are accrued and paid to the Employee in the manner and on the conditions established by the Regulations on the remuneration of employees.
3.1.3. Incentive payments (quarterly, annual and one-time bonuses) that are accrued and paid to the Employee in the manner and on the conditions established by the Regulations on Bonuses for Employees. 3.1.2. Compensation payments (surcharges for work on weekends and holidays, overtime work), which are accrued and paid to the Employee in the manner and on the conditions established by the Regulation on the Remuneration of Employees.
3.1.3. Incentive payments (quarterly, annual and one-time bonuses) that are accrued and paid to the Employee in the manner and under the conditions established by the Regulations on bonuses to employees.!}
3.2. The salary is paid to the Employee in the following terms: for the first half of the month (advance payment) -20th of the current month, for the second half of the month -5th of next month.
The advance payment is paid taking into account the actual hours worked, but not less than1000 (one thousand) rubles.
The salary is paid to the employee by means of cash dstv to k essay of the Employer. At the request of the Employee, it is allowed to pay wages in a non-cash form by transferring it to specified by the Employee Bank account.
3.3. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.

4. WORK FUNCTION OF THE EMPLOYEE

4.1. The worker performs!} the following job responsibilities:
– contact welding on a single-point (two-point) machine of reinforcing meshes and frames from rods of various diameters with a variable pitch of the rods;
- welding of meshes and frames or pre-assembly of frames from ready-made meshes on suspended welding machines;
– welding of grids and frames on multi-point welding machines;
- contact butt welding of reinforcing bars on butt welding machines of various capacities;
- welding on contact machines with contact relief or electrocontact under a layer of flux by methods of complex embedded parts for reinforced concrete products;
- regulation of the welding mode depending on the diameter and brand of reinforcement;
- slinging and supply of reinforcing bars and coils;
- otherjob responsibilities under D job description No.206-DI from 21.08.2015 .

5. WORKING AND REST TIME

5.1. In connection with harmfulworking conditions The employee is assigned a reducedworking hours.
5.2. The employee is set work week durationfive days With twodays off -Saturday and Sunday!} .
5.3. The daily working hours of the Employee is six o'clock.
5.4. The weekly hours of work for an Employee are30 (thirty) hours!} .
5.5. Getting started - in9.00 hours, end of work - in16.00 hours.
5.6. The employee is given a break for rest and food for a period ofone hour, With 12.00 hours before 13.00 hours. Break is not included in work time and used by the Employee at his own discretion.
5.7. The employee is providedutXia annual basic paid leave lasting28 (twenty eight) calendar days and annual additional paid leave in connection with work in hazardous working conditions for a duration of 12 (twelve) working days!} .
5.8. 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.
5.9. An employee may be involved in work on weekends and non-working holidays, overtime work in cases and in the manner prescribed by the current labor legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

6.1. The employee has the right:
6.1.1. On p providing him with the work stipulated by this Agreement.
6.1.2. Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed.
6.1.3. Rest, including on paid annual leave, weekly holidays,non-working holidays.
6.1.4. Compulsory social insurance in cases stipulated federal laws.
6.1.5. The employee has other rights provided for by the current legislation of the Russian Federation and other regulatory legal acts containing norms labor law, local regulations Employer.

6.2. The employee is obliged:
6.2.1. To conscientiously fulfill his labor duties assigned to him by this Agreement, the Job Description, other local regulations of the Employer, with which he was familiarized under his signature.
6.2.2. Conscientiously and in a timely manner to execute orders, instructions, instructions, assignmentsGeneral Director of LLC "Beta", comply with established labor standards, comply with the Rules of internal work schedule accepted from the Employer, with which he was acquainted under the signature.
6.2.3. Observe labor discipline.
6.2.4. 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.
6.2.5. Use the equipment, tools, documents, materials transferred to him for work correctly and for the intended purpose.
6.2.6. Comply with the requirements for labor protection and ensuring labor safety, safety precautions, industrial sanitation, fire safety with which he was familiarized under the signature.
6.2.7. Pass mandatorypreliminary(when hiring) and periodic medical examinations in the manner prescribed by applicable law and local regulations of the Employer.
6.2.8. Notify immediatelyGeneral Director of LLC "Beta"and to their 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).
6.2.9. The list of other labor duties of the Employee is determined by the current legislation, the Job Description, as well as the local regulations of the Employer, with which the Employee was familiarized under signature.

7. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

7.1. The employer has the right:
7.1.1. Encourage the Employee for conscientious and efficient work.
7.1.2. Require the Employee to perform workth obligations defined by this Agreement, Djob description, careful attitude to 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, compliance with the provisions of the local regulations in force at the Employer, with which the Employee was familiarized under signature.
7.1.3. Bring the Employee to disciplinary and material liability in the manner and on the terms provided for by the current legislation of the Russian Federation.
7.1.4. Adopt local regulations in the manner prescribed by law.
7.1.5. Exercise other rights provided for by the current legislation of the Russian Federation, other regulatory legal acts containing labor law norms, local regulatory acts of the Employer.

7.2. The employer is obliged:
7.2.1. Comply with the legislation of the Russian Federation, local regulations of the Employer, the terms of this Agreement.
7.2.2. Provide the Employee with work stipulated by this Agreement.
7.2.3. Provide the Employee with a workplace, equipment, tools, documentation, reference and information materials and other means necessary for the proper performance of his labor duties.
7.2.4. Ensure the safety of the Employee's work and working conditions that comply with state regulatory requirements for labor protection.
7.2.5. Timely and in full pay the salary due to the Employee on time, established by the Rules internal labor regulations and this Agreement.
7.2.6. Lead on Worker work book in the manner prescribed by the current labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms.
7.2.7. Process the personal data of the Employee and ensure their protection in accordance with the legislation of the Russian Federation and local regulations of the Employer.
7.2.8. Introduce the Employee under a letter with the adopted local regulations directly related to his work activity.
7.2.9. Provide for the daily needs of the Employee related to the performance of their labor duties.
7.2.10. To insure the Employee under compulsory social insurance in accordance with the procedure established by the federal laws of the Russian Federation.
7.2.11. Fulfill other obligations stipulated by labor legislation and other regulatory legal acts containing labor law norms, local regulations, agreements and this Agreement.

8. EMPLOYEE SOCIAL INSURANCE

8.1. An employee is subject to compulsory social insurance (compulsory pension insurance, compulsory medical insurance, compulsory social insurance against accidents at work and occupational diseases) in the manner and under the conditions provided for by the current legislation of the Russian Federation.
additional insurance(voluntary medical insurance) on the terms and in the manner established by the Regulations on the social package of employees."> 8.2. The employee has the right to additional insurance (voluntary medical insurance) on the terms and in the manner established by the Regulations on the social package of employees.

9. WARRANTY AND REFUND

9.1. For the period of validity of this Agreement, the Employee is subject to guarantees and compensations provided for by the labor legislation of the Russian Federation, local regulations of the Employer and agreements of the Parties.
9.2. In connection with harmful conditions labor"> harmful working conditionsThe employee is given free milk or other equivalent food products on the days of actual employment in jobs with harmful working conditions. The rate of free delivery of milk is 0.5 liters per working day (shift), regardless of its (her) duration. If the working time isharmful working conditionsless than the established duration of the working day (shift), milk is issued when work is performed under the specified conditions for at least half of the working day (shift).
Milk is issued to the Employee indining roomand should be used inthis room.
9.3. At the written request of the Employee, the issuance of milk or other equivalent food products may be replaced by a compensation payment in an amount equivalent to the cost of milk. If there is a written application from the Employee to himonceper month, a compensation payment is made based on the cost of 0.5 liters of milk30 (thirty) rubles.
Indexation of the specified compensation payment is madein proportion to the increase in prices for milk and other equivalent foodstuffs.

10. RESPONSIBILITIES OF THE PARTIES

10.1. In case of non-fulfillment or improper fulfillment by the Employee of his labor duties without good reasons, violations labor law, provisionslocal regulations of the Employer, with which the Employee was familiarized under the signature, as well as causing material damage to the Employer, the Employee bears disciplinary, material and other liability in accordance with the current legislation of the Russian Federation.
10.2. The worker bears liability both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to third parties caused through the fault of the Employee.
10.3. The employer bears material and other liability in accordance with the current legislation of the Russian Federation.

11. TERMINATION OF EMPLOYMENT CONTRACT

11.1. The grounds for termination of this Agreement are:
11.1.1. Agreement of the Parties.
11.1.2. Termination of this Agreement at the initiative of the Employee. In this case, the Employee is obliged to notify the Employer in writing about this later than two weeks before the expected date of termination of this Agreement. The specified period begins the next day after the Employer receives the Employee's application for dismissal.
11.1.3. Termination of this Agreement at the initiative of the Employer (in cases and in the manner provided for by the current labor legislation of the Russian Federation).
11.1.4. Other grounds provided for by the labor legislation of the Russian Federation.
11.2. The day of dismissal of the Employee is the last day of his work, with the exception of cases provided for by law.

12. FINAL PROVISIONS

12.1. This Agreement shall enter into force onthe moment it is signed by both Parties.
All changes and additions to this Agreement are formalized by bilateral written agreements of the Parties.
12.2. This 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.
12.3. In the event of a dispute between the Parties, it is subject to settlement through direct negotiations between the Employer and the Employee. If the dispute between the Parties is not resolved through negotiations, it is resolved in the manner prescribed by the current labor legislation of the Russian Federation.
12.4. In all other respects that are not provided for by this Agreement, the Parties are guided by the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms, as well as local regulatory acts of the Employer.

Prior to signing this Agreement, the Employee under under the letter is familiar with the following local regulations of the Employer:

Name and details of the local regulatory act	Acquaintance date	Employee Signature
Internal labor regulations No. 1 dated 01.02.2008

Limited Liability Company "Beta"
LLC "Beta"

EMPLOYMENT CONTRACT

03.10.2016 № 92/2016

Moscow

1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

1.1. The Employer instructs, and the Employee assumes the performance of labor duties forelectric gas welder positions.
1.2. This Agreement regulates labor and directly related relations between the Employee and the Employer.
1.3. The work under this Agreement is the main one for the Employee.
1.4. The place of work of the Employee isLLC "Beta".
!} 1.5. In order to verify the suitability of the position held, the Employee is placed on a three-month probation.
1.6. The period of temporary disability of the Employee and other periods when he was actually absent from work are not included in the probationary period.
1.7. During the trial period, this Agreement may be terminated at the initiative of either Party with a warning to the other Party three days before the termination of this Agreement.
1.8. Working conditions at the employee's workplace -harmful (subclass 3.3)which gives him the right toadditional vacation, shorter working hours and higher wages.

2. TERM OF THE CONTRACT

2.1. The employee undertakes to start performing his labor duties with3 октября 2016 г.!}
2.2. This Agreement is concluded onindefinite term.

3. CONDITIONS OF PAYMENT OF THE EMPLOYEE

3.1. For the performance of labor duties stipulated by this Agreement, the Employee is paid a salary, which includes:
3.1.1. Salary in the amount of 30,000 (Thirty thousand) rubles per month, allowance for work in hazardous working conditions - 800 (Eight hundred) rubles per month.
!} 3.1.2. Compensation payments (surcharges for work on weekends and holidays, overtime work), which are accrued and paid to the Employee in the manner and on the conditions established by the Regulation on the Remuneration of Employees.
3.1.3. Incentive payments (quarterly, annual and one-time bonuses) that are accrued and paid to the Employee in the manner and under the conditions established by the Regulations on bonuses to employees.!}
3.2. The salary is paid to the Employee in the following terms: for the first half of the month (advance payment) -20th of the current month, for the second half of the month -5th of next month.
The advance payment is paid taking into account the actual hours worked, but not less than1000 (one thousand) rubles.
The salary is paid to the employee by means of cash dstv to k essay of the Employer. At the request of the Employee, it is allowed to pay wages in non-cash form by transferring it to the bank account specified by the Employee.
3.3. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.

4. WORK FUNCTION OF THE EMPLOYEE

4.1. The worker performs!} the following job responsibilities:
- manual arc, plasma, gas welding, automatic and semi-automatic welding of parts, assemblies and structures made of structural steels, non-ferrous metals and alloys and the average complexity of parts, assemblies, structures and pipelines made of carbon steels in all positions of the seam;
- oxygen plasma straight and curved cutting in various positions of metals, of varying complexity of parts made of carbon and alloy steels, non-ferrous metals and alloys by manual marking on portable, stationary and plasma cutting machines in all positions weld;
– manual oxygen cutting and cutting with petrol-cutting and kerosene-cutting devices to specified dimensions with the release of non-ferrous metal waste and with the preservation or cutting out of machine components and parts;
– manual arc air planing of simple and medium complexity parts from various steels, cast iron, non-ferrous metals and alloys in various positions;
– surfacing of shells and cracks in parts, assemblies and castings of varying complexity;
- preliminary and concomitant heating during welding of parts in compliance with the specified mode;
- reading drawings of varying complexity of parts, assemblies and structures;
- otherjob responsibilities under D job description No.324-CI from 02.11.2011 .

5. WORKING AND REST TIME

5.1. In connection with harmfulworking conditions The employee is provided with a reduced working time.
5.2. The employee is assigned a working week of durationfive days With twodays off -Saturday and Sunday!} .
5.3. The daily working hours of the Employee issix o'clock!} .
5.4. The weekly hours of work for an Employee are30 (thirty) hours!} .
5.5. Getting started - in9.00 hours, end of work - in16.00 !} hours.
5.6. The employee is given a break for rest and food for a period ofone hour, With 12.00 hours before 13.00 hours. The break is not included in working hours and is used by the Employee at his own discretion.
5.7. The employee is providedYuthere is an annual basic paid leave of duration28 (twenty eight)calendar daysand annual additional paid leave in connection with work in hazardous working conditions for a duration of 12 (twelve) working days!} .
5.8. 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.
5.9. An employee may be involved in work on weekends and non-working holidays, overtime work in cases and in the manner prescribed by the current labor legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

6.1. The employee has the right:
6.1.1. On p providing him with the work stipulated by this Agreement.
6.1.2. Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed.
6.1.3. Rest, including paid annual leave, weekly days off, non-working holidays.
6.1.4. Compulsory social insurance in cases stipulated by federal laws.
6.1.5. The Employee has other rights provided for by the current legislation of the Russian Federation and other regulatory legal acts containing labor law norms, local regulatory acts of the Employer.

6.2. The employee is obliged:
6.2.1. To conscientiously fulfill his labor duties assigned to him by this Agreement, the Job Description, other local regulations of the Employer, with which he was familiarized under his signature.
6.2.2. Conscientiously and in a timely manner to execute orders, instructions, instructions, assignmentsGeneral Director of LLC "Beta", comply with the established labor standards, comply with the Internal Labor Regulations adopted by the Employer, with which he was familiarized under his signature.
6.2.3. Observe labor discipline.
6.2.4. 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.
6.2.5. Use the equipment, tools, documents, materials transferred to him for work correctly and for the intended purpose.
6.2.6. Comply with the requirements for labor protection and ensuring labor safety, safety, industrial sanitation, fire safety, with which he was familiarized under his signature.
6.2.7. Pass mandatorypreliminary(when hiring) and periodic medical examinations in the manner prescribed by applicable law and local regulations of the Employer.
6.2.8. Notify immediatelyGeneral Director of LLC "Beta"and to their 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).
6.2.9. The list of other labor duties of the Employee is determined by the current legislation, the Job Description, as well as the local regulations of the Employer, with which the Employee was familiarized under signature.

7. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

7.1. The employer has the right:
7.1.1. Encourage the Employee for conscientious and efficient work.
7.1.2. Require the Employee to perform workth obligations defined by this Agreement, Djob description, careful attitude to 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, compliance with the provisions of the local regulations in force at the Employer, with which the Employee was familiarized under signature.
7.1.3. Bring the Employee to disciplinary and material liability in the manner and on the terms provided for by the current legislation of the Russian Federation.
7.1.4. Adopt local regulations in the manner prescribed by law.
7.1.5. Exercise other rights provided for by the current legislation of the Russian Federation, otherregulatory legal acts containing labor law norms, local regulatory acts of the Employer.

7.2. The employer is obliged:
7.2.1. Comply with the legislation of the Russian Federation, local regulations of the Employer, the terms of this Agreement.
7.2.2. Provide the Employee with work stipulated by this Agreement.
7.2.3. Provide the Employee with a workplace, equipment, tools, documentation, reference and information materials and other means necessary for the proper performance of his job duties.
7.2.4. Ensure the safety of the Employee's work and working conditions that comply with state regulatory requirements for labor protection.
7.2.5. Timely and in full pay the salary due to the Employee within the time limits established by the Internal Labor Regulations and this Agreement.
7.2.6. Keep a work book for the Employee in the manner prescribed by the current labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms.
7.2.7. Process the personal data of the Employee and ensure their protection in accordance with the legislation of the Russian Federation and local regulations of the Employer.
7.2.8. Introduce the Employee under a letter with the adopted local regulations directly related to his work activity.
7.2.9. Provide for the daily needs of the Employee related to the performance of their labor duties.
7.2.10. To insure the Employee under compulsory social insurance in accordance with the procedure established by the federal laws of the Russian Federation.
7.2.11. Fulfill other obligations stipulated by labor legislation and other regulatory legal acts containing labor law norms, local regulations, agreements and this Agreement.

8. EMPLOYEE SOCIAL INSURANCE

8.1. An employee is subject to compulsory social insurance (compulsory pension insurance, compulsory medical insurance, compulsory social insurance against accidents at work and occupational diseases) in the manner and under the conditions provided for by the current legislation of the Russian Federation.
8.2. The employee has the right to additional insurance (voluntary medical insurance) on the terms and in the manner established by the Regulations on the social package of employees.

9. WARRANTY AND REFUND

9.1. For the period of validity of this Agreement, the Employee is subject to guarantees and compensations provided for by the labor legislation of the Russian Federation, local regulations of the Employer and agreements of the Parties.
9.2. In connection with harmful working conditionsThe employee is given free milk or other equivalent food products on the days of actual employment in jobs with harmful working conditions. The rate of free delivery of milk is 0.5 liters per working day (shift), regardless of its (her) duration. If the working time isharmful working conditionsless than the established duration of the working day (shift), milk is issued when work is performed under the specified conditions for at least half of the working day (shift).
Milk is issued to the Employee indining roomand should be used inthis room.
9.3. At the written request of the Employee, the issuance of milk or other equivalent food products may be replaced by a compensation payment in an amount equivalent to the cost of milk. If there is a written application from the Employee to himonceper month, a compensation payment is made based on the cost of 0.5 liters of milk30 (thirty) rubles.
Indexation of the specified compensation payment is madein proportion to the increase in prices for milk and other equivalent foodstuffs.

10. RESPONSIBILITIES OF THE PARTIES

10.1. In case of non-fulfillment or improper fulfillment by the Employee of his labor duties without good reason, violation of labor legislation, provisions of the local regulations in force at the Employer, with which the Employee was familiarized under his signature, as well as infliction of material damage to the Employer, the Employee shall bear disciplinary, material and other liability in accordance with the current the legislation of the Russian Federation.
10.2. The Employee is liable both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to third parties caused through the fault of the Employee.
10.3. The employer bears material and other liability in accordance with the current legislation of the Russian Federation.

11. TERMINATION OF EMPLOYMENT CONTRACT

12. FINAL PROVISIONS

Prior to signing this Agreement, the Employee under under the letter is familiar with the following local regulations of the Employer:

Name and details of the local regulatory act	Acquaintance date	Employee Signature
Internal labor regulations No. 1 dated 01.02.2008

We will call ___ hereafter
(name of company)
"Employer", represented by ______________________________________________________________,
(position, full name)
acting on the basis of the Charter, on the one hand, and a citizen of the Russian Federation
____________________________________________________________________, hereinafter referred to as ___
(FULL NAME.)
"Employee", on the other hand, have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Employer instructs, and the Employee assumes the performance of labor duties as a welder in _______________.
1.2. The work under this contract is the main one for the Employee.
1.3. The place of work of the Employee is the office of the organization located at: ________________________.
1.4. The work of the Employee under this contract is carried out in normal conditions. Labor duties of the Employee are not related to the performance of hard work, work in areas with special climatic conditions, work with harmful, dangerous and other special conditions labor.
1.5 The employee reports directly to ____________________.

2. TERM OF THE CONTRACT

2.1. The employee must begin to perform his labor duties from "___" ____________ ____.
2.2. The employee is set probation
2.2. This contract is concluded for an indefinite period and may be terminated on the grounds established by labor legislation Russian Federation.

At a construction site, an electric and gas welder is one of the key specialized specialists who are subject to qualification and rank requirements. In addition to construction, such employees are widely in demand in agriculture. The job description of a gas electric welder must necessarily contain a number of specific requirements so that the employer does not have any difficulties in the future. What exactly must be indicated in it, and how it is compiled, will be described below.

A sample of a typical job description for an electric gas welder

The document is always drawn up in writing in accordance with guidelines 231-FZ (Article 7). The job description of such a specialist in each case contains the following items:

general provisions, which describes the introductory qualification requirements, as well as an explanation of the specialty of the electric welder;
official duties in accordance with Article 77 of the Labor Code;
the main preferences applied to a particular category;
salary scheme;
termination options;
some final provisions.

An approximate sample of the described document is drawn up in several copies, one of which is transferred directly to the electric and gas welder, the other is sent to the accounting department, and the third will be stored along with the employment agreement until its expiration.

General provisions

This is the opening section. job description. It indicates explanations regarding the category, gives a numbered name and a general description of this profession. Also here, all the basic concepts and terms, the grounds for labor relations and the documentary base are explained point by point. As a rule, in the case of an electric and gas welder and a conventional welder, the general provisions may include up to 10 separate items.

Job Responsibilities

In almost all areas, an electric gas welder has the following job responsibilities:

high-quality performance of welding and soldering works in accordance with the technical plan;
use in the work of only technological raw materials - carbide, oxygen - in permitted modifications;
obtaining an assembly discharge, if required for work at height;
execution of instructions of the head of the current production or the head of the section.

Rights

Regardless of the name of the organization and the scope of current activities, electrician has the right:

timely receipt of all mandatory consumables;
for periodic and preventive inspection of welding equipment;
to ensure safety, the requirement for labor protection according to ETKS;
to receive remuneration in case of overfulfillment of the plans indicated in the instructions;
to all other preferences guaranteed by labor legislation.

Responsibility

In most cases The electrician is responsible for:

established quality of their work with guarantee rights;
for the condition of the equipment used;
for ensuring their own safety;
for disciplinary offenses and any conditional offenses;
for the rational consumption of raw materials.

Working conditions

CI contains a paragraph on working conditions, suitable for 4 ranks and 3 ranks. In accordance with his disposition, providing normal and safe working conditions, with the provision of raw materials and equipment, is the main responsibility of the conditional employer. This regulation also applies to staff units in the housing and communal services sector, for example, for an arc cutter. The job description of an electric and gas welder of manual welding and the job description of an electric and gas welder of the 5th category are completely identical documents. The only thing is that you need to mark the appropriate level of qualification in the “category” field - 1 and 2 categories are not prescribed, because they are optional, or initial.

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We need a sample GPC agreement with a welder. What contract can be drawn up without enlisting it in the state, since the profession of a welder is characterized by increased danger? Welder needed for a week.

Answer

Answer to the question:

According to Art. 420 of the Civil Code of the Russian Federation civil contract is an agreement between two or more persons to establish, change or terminate civil rights and obligations. The conclusion of the contract is carried out on a voluntary basis, the terms of the contract are determined at the discretion of the parties (with some of the essential terms of the contract specific type can be installed current law or other legal acts).

We note that Art. 15 of the Labor Code of the Russian Federation expressly prohibits the conclusion of a civil law contract that actually regulates labor Relations.

Art. 11 of the Labor Code of the Russian Federation provides for the possibility of retraining a civil law contract into a labor contract. In particular, if in judicial order it will be established that the civil law contract actually regulates labor relations between the employee and the employer, and the provisions of labor legislation apply to such relations. The Plenum adheres to a similar position. Supreme Court Russian Federation (paragraph 3, paragraph 8 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation"). Please note that such re-qualification is possible only in court.

In some cases, the organization must notify the conclusion of a civil law contract with a former state or municipal employee of his former employer. And in some cases, it is possible to conclude a civil law contract with such a person only in agreement with special commission. For more on this, see:

Attention: in the event of an unlawful conclusion of a civil law contract that actually regulates labor relations between an employee and an employer, such relations may be (,).

A question from practice: is it possible to conclude a civil law contract with a person related to the performance of work (provision of services). The staffing of the organization has vacant position, which implies the performance of similar functions

Yes, you can, if in fact such an agreement will not regulate labor relations.

The Civil Code of the Russian Federation establishes freedom of contract. It means that:

the parties can conclude any agreement that does not contradict the law;
the forced conclusion of contracts is prohibited;
the parties themselves determine the content of the contract.

This conclusion is fully consistent with the position of the Constitutional Court of the Russian Federation, which is reflected in. From this document, in particular, it follows that the organization providing work and the citizen applying for work, by agreement between themselves, can choose any contractual-legal form of relationship that does not contradict their mutual interests.

However, if it is subsequently established that a civil law contract actually regulates labor relations, then such an agreement may be (,).

Types of civil law contracts

What types of civil law contracts exist

Civil law contracts for the performance of work (rendering of services), in particular, include:

work agreement ();
treaty paid provision services();
contract of carriage ();
transport expedition agreement ();
storage contract ();
contract of assignment ();
commission contract ();
property trust management agreement ();
agency contract ().

Keep in mind that it is possible to conclude an agreement both provided for and not provided for by civil law (). Therefore, other agreements with citizens, the subject of which is the performance of work (rendering of services), may also be included in this group of civil law contracts.

Question from practice: for what maximum period can a civil law contract be concluded

In contrast to labor relations, where employment contracts for general rule formalize indefinitely, there are cases of registration of fixed-term relations strictly limited by law, and a maximum limit of fixed-term relations is set: no more than five years, civil law relations are built exclusively on a contractual basis based on the mutual interests of the customer and the contractor.

Also, the term of a civil law contract depends on: a contract, a commission, paid services, etc., that is, it is determined based on the nature of the contractual relationship.

For example, when concluding a contract for the provision of services, the customer, as a rule, is interested in the speedy completion of work or the provision of services. Therefore, in practice, such contracts are urgent, and the duration of the period is determined based on the actual circumstances and the real ability of the contractor to fulfill obligations under the contract at one time or another. The parties fix the specific period in the contract, while its maximum limit is not limited by law and can range from several days to tens of years. This is indicated by the provisions of Article 708 and Article 781 Civil Code RF - in relation to work contracts and services, respectively.

At the same time, other types of contracts, in particular, a commission contract or an agency contract by agreement of the parties, based on mutual interests, can be concluded both with or without a specified term. This approach is clearly spelled out in Articles 990 and Articles 1005 of the Civil Code of the Russian Federation.

A question from practice: what are the differences between a work contract and a contract for the provision of services

The work contract and the contract for the provision of services differ on the following grounds.

Subject of the contract. The subject of the contract is the receipt of a certain result materialized by the parties (). The subject of the contract for the provision of services for compensation is the performance of an action or the implementation of activities that do not have a materialized result ().
Executor. Under a work contract, the contractor has the right to involve other persons in the performance of his obligations (). Under a contract for the provision of services for a fee, the contractor is obliged to provide services personally ().
Deadlines. The contract specifies the start and end dates of the work. By agreement between the parties, the contract may also provide for the completion of individual stages of work (). Under a contract for the provision of services, it is not always possible to provide a specific period, although for certain types services in the law expressly states that setting deadlines is necessary (). So, for example, the Rules approved, it is established that the provision of services for the use of infrastructure railway transport common use provides for an indication in the contract for the duration of the provision of these services.
Right of refusal. Under a work contract, the customer may, at any time before the delivery of the result of work to the contractor, refuse to execute the work contract by paying the contractor a part of the established price in proportion to the part of the work (). Under a contract for the provision of services for a fee, both its parties (both the customer and the contractor) have the right to declare their refusal to perform the contract, subject to payment to the contractor of the expenses actually incurred by him ().
Consequences of refusal to perform the contract. Under the contract, the customer must pay a part of the set price in proportion to the part of the work performed before receiving notice of the customer's refusal to perform the contract, as well as compensate for the losses caused by the termination of the contract, within the difference between the price determined for the entire work and part of the price paid for all work (). Under a contract for the provision of services for a fee, the customer who has withdrawn from the contract must pay the contractor all the expenses incurred by him, and the contractor who has withdrawn from the contract shall reimburse the customer for losses in full ().
Payment for services. Under the contract, the customer is obliged to pay the stipulated price only after the final delivery of the results of the work, if the preliminary payment for the work performed or its individual stages is not provided for by the contract (). In the contract for the provision of services for a fee, the customer is obliged to pay for the services rendered to him within the time and in the manner established in the contract ().

Differences between a civil law contract and an employment contract

How is a civil law contract different from employment contract

When concluding a civil law contract, it is necessary to take into account a number of features.

1. Labor relations involve the performance by an employee of work in a particular specialty, qualification or position (). Works are performed during the entire term of the employment contract. Unlike an employment contract, for a civil law agreement, it is not the process of work that is important, but its result, which the contractor is obliged to hand over to the organization. As a rule, if the work (services) is performed and accepted, then the obligations of the person to the organization for them cease (). The presence of such a criterion that distinguishes an employment contract from a civil law one is also confirmed by arbitration practice (see, for example, appeal rulings, decisions of the FAS, East Siberian District, Moscow District,.

Advice: in a civil law contract for the performance of work (provision of services), write down the amount of work performed. For example, do not write that a person is taken as a driver, indicate only his task: the delivery of goods along the established route.

In a civil law contract, do not indicate that a citizen has been invited to a specific position. Any links to staffing, tariff and qualification characteristics of work, for a specific profession and specialty of an employee may be the basis for recognizing such an employment contract (see, for example,).

2. A civil law contract cannot provide for the obligation of a person to obey the Labor Regulations or any other local regulations organizations: orders, orders of the head of the organization (see, for example, resolutions of the FAS, North-Western District, East Siberian District, Volga-Vyatka District,).

3. A civil law contract cannot provide for the payment of remuneration for the work of the performer itself. Only a certain result is paid. The work of the contractor, which did not lead to the achievement of the result established by the civil law contract for the performance of work or the provision of services, the organization may not pay (see, for example, resolutions of the FAS, East Siberian District,).

Tip: Do not include a time-based payment clause in a civil law contract. Provide for piecework payment in it, that is, payment for the work performed. Otherwise (see, for example,).

So, for example, in a civil law contract, do not write that money is paid for 8 hours of work of a citizen. Instead, indicate what specific work (services) he must perform in order to receive this or that amount.

4. Citizens working under civil law contracts are not subject to social guarantees provided for by the Labor Code of the Russian Federation (the right to paid leave, sick leave, etc.) (see, for example, the decisions of the Federal Antimonopoly Service of the Volga District, -Siberian district,).

5. The fact of performance of work (provision of services) under civil law contracts must be documented. For example, an act or other document certifying acceptance (see, for example,).

Advice: if the performer receives remuneration on a regular basis, instead of one long-term civil law contract, conclude monthly individual treaties or provide an advance payment system. In a civil law contract, do not provide for regular monthly payments. Otherwise ().

6. When determining the content of a civil law contract, be guided by the chapters and the Civil Code of the Russian Federation, and not the Labor Code of the Russian Federation. Therefore, do not include the terms of labor law in the text of the contract. Instead of the words "employer" and "employee", use the words "customer" and "performer" or "contractor". The word "salary" should be replaced by the concept of "remuneration". Do not use terms such as "working time", "rest time", "holiday", etc.

For a comparison of an employment and civil law contract for the performance of work (provision of services) concluded with a citizen, see.

Question from practice: in what cases the relationship between a citizen and an organization is recognized as labor

In general, labor relations arise between an employee and an employer on the basis of, including as a result of:

election to office;
election by competition to fill the relevant position;

referrals to work at the expense of the established quota.
a court decision on the conclusion of an employment contract;

Also, labor relations arise on the basis of the actual admission of a beginner to work with the knowledge or on behalf of the employer or his authorized representative, in cases where the employment contract was not properly executed.

For violation of this requirement, the guilty employee may be brought to justice (part and article 5.27 of the Code of Administrative Offenses of the Russian Federation).

In addition to administrative liability, the guilty employee may be in general order brought to responsibility (art., Labor Code of the Russian Federation).

If the employer or the person authorized by him does not intend to formalize an employment relationship with a novice admitted to work by an unauthorized employee, then the employer is obliged to pay for the time actually worked by the novice or for the work performed by him.

Such rules are established in the article of the Labor Code of the Russian Federation.

A question from practice: how does the re-qualification of a civil law contract into an employment contract take place and what consequences does it have for the employer

Relations arising on the basis of a civil law contract can be recognized as labor if there is ().

Such recognition may take place in the following order:

an organization that is a customer under a civil law contract, on the basis of a written application individual- the contractor herself recognizes the relationship as labor and draws up an employment contract in;
an organization that is a customer under a civil law contract, on the basis of an order from the state labor inspector, recognizes the relationship as labor and draws up an employment contract in. If the organization does not agree with the order, it can take no action in court and until a court decision is made;
an organization that is a customer under a civil law contract, on the basis of a court decision that recognized the relationship as labor, draws up an employment contract in. In the general case, both the employee himself and Labour Inspectorate in case of disagreement of the organization with the order of the state inspector.

If relations under a civil law contract have already been terminated, then they can only be recognized as labor relations in a judicial proceeding. For this, the performer said agreement may apply to the court in the manner and terms provided for the consideration of individual labor disputes.

If during the consideration by the court of a case on recognizing the relationship as an employment relationship, irremovable doubts arise, then the court interprets them in favor of the existence of an employment relationship.

If the relationship that has arisen on the basis of the GPA is recognized as labor, it is considered that such relations arose from the day the contractor was actually admitted to the performance of duties under the specified agreement, that is, from the date the civil law contract entered into force.

Question from practice: is it necessary to issue an order to hire a citizen under a civil law contract

No no need.

Labor legislation does not apply to citizens with whom a civil law contract has been concluded (). Therefore, an organization does not need to:

Question from practice: how to fill in the “Signature” prop for citizens working under a civil law contract

Requirements for the requisite "Signature" are established, approved. The composition of the requisite "Signature" includes the name of the position of the person who signed the document, a personal signature and a transcript of the signature, which includes initials and surname (GOST R 6.30-2003, approved).

Unlike an employment contract, services under a civil law contract are not works in a specific specialty, qualification or position (Chapter, Civil Code of the Russian Federation,). Therefore, when drawing up the documents of the organization in the requisite "Signature" it is not necessary to indicate the name of the position.

Thus, a citizen working under a civil law contract, when signing documents of an organization, must indicate only his surname and initials. A similar position is taken by specialists of the financial department ().

Advice: the information in the "Signature" attribute, even without specifying the position, should make it possible to identify the responsible person who signed the document. To eliminate any doubts about the identity responsible person who signed the document, only by last name and initials, it is also recommended to indicate the details of the document on the basis of which he has the right to sign. Such a document can be, for example, a power of attorney or a civil law contract, which will directly stipulate the right to sign certain documents.

An example of concluding a civil law contract for the provision of services with a citizen

A.S. Glebova, Chief Accountant organization went on maternity leave. During her maternity leave, the duties of the chief accountant are performed by cashier A.V. Dezhnev.

During the vacation, director A.V. Lvov offered Glebova to conclude a contract for the provision of consulting services on the issues of registration and taxation of foreign trade export operations to the Republic of Belarus.

The agreement provides, in particular, for Glebova's obligation to draw up instructions on the procedure for document flow, reflect export transactions in accounting and taxation, as well as refund VAT on supplies to the Republic of Belarus.

The cost of services under the contract is 5000 rubles.

After Glebova fulfilled all the duties assigned to her, they signed with her.

Nina Kovyazina,

Deputy Director of the Department of Medical Education and personnel policy in health care of the Ministry of Health of Russia

With respect and wishes for comfortable work, Natalya Nikonova,

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Employment contract with an electric and gas welder. How to draw up a civil law contract with a welder? Contract with an employee snt welder sample

1. THE SUBJECT OF THE AGREEMENT

2. TERM OF THE CONTRACT

A sample of a typical job description for an electric gas welder

General provisions

Job Responsibilities

Rights

Responsibility

Working conditions

Answer

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