The employer is obliged to conclude an employment contract. Labor contract. Cases of Conclusion of a Written Employment Contract

Electronic Tax and Contribution Claims: New Referral Rules

Recently, the tax authorities have updated the forms of claims for the payment of debts to the budget, incl. on insurance premiums. Now the time has come to correct the procedure for sending such requirements to the TCS.

Payslips are optional

Employers do not have to provide employees with paper payslips. The Ministry of Labor does not prohibit sending them to employees by e-mail.

"Physicist" transferred payment for goods by bank transfer - you need to issue a check

In the case when an individual transferred to the seller (company or individual entrepreneur) payment for the goods by bank transfer through the bank, the seller is obliged to send a cashier's receipt to the “physics” buyer, the Ministry of Finance believes.

The list and quantity of goods at the time of payment are unknown: how to issue a cash register receipt

Name, quantity and price of goods (works, services) - mandatory details cashier's check(BSO). However, when receiving an advance payment (advance), the volume and list of goods is sometimes impossible to determine. The Ministry of Finance told what to do in such a situation.

Medical examination for those working at the computer: mandatory or not

Even if an employee is busy working with a PC for at least 50% of his working time, this in itself is not a reason to regularly send him for medical examinations. Everything is decided by the results of certification of his workplace for working conditions.

Changed operator of electronic document management - inform the IFTS

If the organization has refused the services of one operator of electronic document management and switched to another, it is necessary to send an electronic notification about the recipient of the documents to the tax office via the TCS.

Special regimes will not be fined for fiscal accumulators for 13 months

For organizations and individual entrepreneurs on the USN, ESHN, UTII or PSN (with the exception of certain cases), there is a restriction on the validity period of the fiscal drive key used by the cash register. So, they can only use fiscal accumulators for 36 months. But, as it turned out, so far this norm does not actually work.

The Labor Code in Articles 21 and 22 enshrines the basic rights and obligations of the parties to the employment contract: both the employee and the employer. When concluding an employment contract, the organization and the employee must take into account the rights and obligations of each other. Violation of rights or failure to comply with obligations will constitute a violation labor legislation and may lead to prosecution, including disciplinary (for an employee) or administrative and criminal (for a company).

Rights and obligations of an employment contract: employee

Among the 14 rights of an employee (Art.21 Labor Code RF) the main ones are:

• the right to conclude, change and terminate your contract in accordance with the rules of the Labor Code of the Russian Federation. In fact, this means that the employee cannot be forced to enter into an employment contract without his consent or be prohibited from resigning;
• provision of work agreed upon when concluding an employment contract. Primarily it comes that the change in functionality during the work should also be agreed by the manager with the employee;
• timely payment of the agreed salary: working hours, its conditions and quality must be taken into account when paying salaries;
• rest in accordance with the rules of the Labor Code of the Russian Federation, both daily and weekly, and rest during non-working holidays... In addition, some categories of employees are entitled to a reduced / incomplete work time- the employer has no right to violate these rights.

From the listed rights, the duties of employees follow:

• an employee who has entered into an employment contract is obliged to perform the agreed functionality with high quality, observing the rules of the company's internal labor regulations, labor discipline, labor standards and labor protection requirements;
• preservation and respect for the property of the company and other employees. In addition, if a situation arises that threatens the life or health of employees, as well as the safety of property, the employee is obliged under the employment contract to immediately inform his manager about it.

Employer's rights and obligations

The basic rights of an employer are in many ways similar to the rights and obligations of an employee:

• the right to conclude, amend and terminate employment contracts with employees. At the same time, the rules of the Labor Code of the Russian Federation must be strictly observed;
• the right to demand high-quality performance of the agreed functionality from the company's employees, subject to the rules of the company's internal labor regulations, labor discipline, labor standards and labor protection requirements;
• the right to preserve and respect the property of the company and other employees on the part of the employee;
• the right to bring employees to various types of liability in the event of violations;
• the right to local rule-making: the publication of internal documents regulating certain aspects of labor.

Nevertheless, the rights also imply certain obligations of the employer under the employment contract:

• First of all, we are talking about strict observance of labor laws, as well as internal company documents regulating labor issues, and specific labor contracts.
• The work agreed in the employment contract must be provided to the employee and paid accordingly, in addition, all conditions and equipment must be provided for its implementation. In this case, the employer is obliged to comply with the principle equal pay labor of equal value.
• The employer is obliged to comply with strict rules to ensure the safety of employees, their life and health.
• If workers' representatives ask the employer to bargain collectively and conclude a collective agreement, the company has no right to refuse.

Also read:

Labor contract

An employment contract is the main document governing labor relations between an employee and an employer, who are parties to an employment contract. It is the employer's responsibility to conclude an employment contract with each employee. Execution of contracts necessarily not only if the employee is accepted for permanent job, but also in the case of part-time jobs and the performance by employees of a certain amount of work of a temporary nature
The employment contract is reason for the emergence labor relations .
IN article 56 of the Labor Code of the Russian Federation it is stated that “an employment contract is an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to ensure the working conditions stipulated by the Labor Code of the Russian Federation, laws and other regulatory legal acts, collective agreements, agreements, local regulations containing norms labor law pay the employee on time and in full wages, and the employee undertakes to fulfill the job function defined by this agreement, to comply with the internal labor regulations in force in the organization. "
An employment contract is a bilateral agreement. The parties to the employment contract are the employee and the employer.
An employee is an individual who has entered into an employment relationship with an employer.
Employer - a legal entity or an individual entrepreneur or an individual who has entered into an employment relationship with an employee.
The content of an employment contract is recognized as mutual obligations (conditions) negotiated by the parties at its conclusion.
The terms of the employment contract that make up its content are subdivided into obligatory(necessary), i.e. conditions without which an employment contract cannot be considered concluded, and on additional(optional), the presence of which is determined solely at the discretion of the parties.
The mandatory terms of the employment contract in accordance with Art. 57 of the Labor Code of the Russian Federation are:
place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another locality, the place of work with an indication of the separate structural unit and its location.
Under another locality, in accordance with clause 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2, one should understand the area outside the administrative-territorial boundaries of the corresponding settlement... The structural subdivision of the organization means both branches and representative offices, and departments, workshops, sections, etc .;
labor function (work according to the position in accordance with staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee).

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Article 57 of the Labor Code of the Russian Federation instructs to indicate the name of positions, professions or specialties and qualification requirements for them in accordance with the names and requirements given in qualification reference books, in the event that, in accordance with federal laws, the performance of work in certain positions, professions, specialties is connected with the provision of compensation and benefits or the presence of restrictions.
Thus, in most cases, for employers, when naming a position, profession or specialty, qualification guides are advisory character... with the exception of those positions, professions or specialties where benefits or restrictions in accordance with federal laws.
the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for the conclusion of a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law.
An employee in accordance with Art. 61 of the Labor Code of the Russian Federation is obliged proceed with execution job responsibilities from the day specified in the employment contract. If the day of starting work is not specified in the employment contract, then the employee must start working at next working day after the entry into force of the contract.
If there is fixed-term employment contract... then it is necessary to indicate its term and circumstance (reason) that served as the basis for concluding an agreement for a certain period;
terms of remuneration (including the size tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments). For surcharges, surcharges and incentive payments it is desirable to indicate their nature, for what (if there are any grounds) they are paid and the procedure for their payment.
It is necessary to indicate the specific size of the official salary, additional payments, allowances and incentive payments. Reference to other local regulations, for example, “Official salary according to the staffing table. "Is inadmissible;
working hours and rest hours (if for this employee it differs from the general rules in force for this employer).
The mode of working hours and rest is detailed in the employment contract in the event that any special conditions are established for the employee. In other cases, it is enough to make a reference to the internal labor regulations and other documents. If, before the conclusion of the employment contract, the employer has approved a list of positions with irregular working hours... a reference to this list should be made in the agreement. In an employment contract with an employee employed on a shift basis, reference must be made to shift schedule... The length of the working day and the conditions of rest for working persons flexible schedule are also reflected in the employment contract;
compensation for hard work and work with harmful and (or) dangerous conditions labor, if the employee is hired in appropriate conditions, indicating the characteristics of the working conditions at the workplace.
According to Art. 209 of the Labor Code of the Russian Federation, working conditions are a combination of factors of the working environment and labor process affecting the performance and health of the employee.
In accordance with the requirements of labor protection, there are: safe working conditions, as well as harmful and (or) dangerous working conditions.
From point of view rationing Labor Code of the Russian Federation distinguishes between working conditions:
a) normal;
b) deviating from normal:
- when performing work of various qualifications;
- when combining professions;
- when performing work outside the normal working hours ( overtime work);
- when performing work at night;
- when performing work on weekends and non-working holidays, etc.
All these working conditions must be specified in the employment contract. In addition, one should indicate compensation and benefits for work in such conditions. For example, the provision of additional paid leave to employees engaged in work with harmful and (or) hazardous working conditions and reduced working hours, the provision of therapeutic and prophylactic nutrition, etc.;
conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
a condition on compulsory social insurance of an employee in accordance with the Labor Code of the Russian Federation and other federal laws
other conditions in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms.
Mandatory (necessary) conditions qualify the nature of the contract exactly as labor... Consequently, these conditions must be necessarily fixed in the text of the employment contract.
However, if, when concluding an employment contract, it did not include any information (part 1 of article 57 of the Labor Code of the Russian Federation) and (or) mandatory conditions(part 2 of article 57 of the Labor Code of the Russian Federation), then this is not a basis for recognizing an employment contract as not concluded or terminating it .
In this case, the error can be corrected in the following way: the employment contract must be supplemented with the missing information and (or) conditions. The missing conditions are determined by the appendix to the employment contract or by a separate written agreement of the parties, which are an integral part of the employment contract.
An employment contract may provide for additional (optional) conditions that should not worsen the employee's position in comparison with the established labor legislation and other regulatory legal acts containing labor law, collective agreement, agreements, local regulations.
Additional conditions include the following:
on clarification of the place of work (indicating the structural unit and its location) and (or) on the workplace;
about the test.
The absence in the employment contract of a condition on test means that the employee is hired without a trial. If the employee is actually admitted to work without drawing up an employment contract (part 2 of article 67 of the Labor Code of the Russian Federation), the employer will be able to include a test condition in the employment contract only when the parties draw up it in the form of a separate agreement before starting work.
on non-disclosure of secrets protected by law (state, official, commercial and other);
on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional insurance for the employee;
on improving the social and living conditions of the employee and his family members;
to clarify, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.
When developing this part of the employment contract, special attention should be paid to the employee's labor duties, that is, the duties due to the position held, specialty or performance of work in the profession. In the employment contract, you can make a reference to the job description, for example: “Perform duties in good faith. a reference to the job description, for example: "To fulfill in good faith the duties stipulated by job description», Or reflect labor duties directly in the text of the employment contract. It must be remembered that the employee's knowledge of his job responsibilities, confirmed by his signature. It is one of the conditions for the legal attraction of the employee to material or disciplinary liability.
List of additional conditions is not closed and can be supplemented by agreement of the parties. For example, the condition for combining professions (positions), as well as the amount of additional payments for combining can be established by agreement of the parties to the employment contract.
The employer is obliged to conclude an employment contract in writing with each person... hired. All contracts are concluded in compliance with all mandatory details and conditions established by Art. 57 of the Labor Code of the Russian Federation, and certified by the signatures of the parties.
The amendments made to the Labor Code of the Russian Federation by Federal Law No. 90-FZ establish the requirement for compulsory bringing in the employment contract information that individualizes the parties to the employment contract. This is important in order to place responsibility on both sides of an employment contract.
IN the employee's attitude :
surname, name, patronymic of the employee;
information about the employee's identity documents.
IN employer :
the name of the employer (if the employer is a legal entity, then the full name of the organization is indicated, containing an indication of the organizational and legal form, as well as the name of the body or the surname, name, patronymic of the person exercising the rights and obligations of the employer in labor relations.
If the employer is an individual... then his last name, first name and patronymic are indicated in the employment contract)
information about identity documents (for employers - individuals);
taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs);
information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate powers.
Should also be such details are indicated... as the place and date of the conclusion of the employment contract.
And only after this information is indicated, a very specific person is endowed with rights and bears responsibility under an employment contract.
As a rule, other, individualizing signs of the parties to the employment relationship are indicated at the end of the text of the employment contract(place of residence of the employee, legal and postal address of the employer and other information).

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Before answering this question, you need to find out when the employment contract comes into force. According to Art. 61 of the Labor Code, an employment contract enters into force from the day it is signed by the employee and the employer, unless otherwise established by federal laws, other regulatory legal acts of the Russian Federation or an employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative.

A date other than the date of signing by the parties of the employment contract is used, for example, when concluding an employment contract with the head of a federal state unitary enterprise. The Model Employment Agreement with such a manager, approved by the order of the Ministry of Economic Development of Russia, states that an employment agreement signed by both parties comes into force on the date of agreement with the federal agency for federal property management.

If by the time of actual admission to work the employment contract has not been properly executed, it is nevertheless considered concluded. However, this rule only applies if the employee has started work with the knowledge or on behalf of the employer or his representative. It should be borne in mind that the representative of the employer in this case, as emphasized by the Plenum of the RF Armed Forces in Resolution No. 2 of March 17, 2004, is a person who, in accordance with the law, other regulatory legal acts, constituent documents legal entity(organization) either by local regulations or by virtue of an employment contract concluded with this person is empowered to hire employees. It is in this case that for actual assumption an employee to work with the knowledge or on behalf of such a person, labor relations arise (Article 16 of the Labor Code) and the employer may be obliged to draw up an employment contract with this employee properly. As a general rule, an employee who has entered into an employment contract is obliged to start work on the next working day after the entry into force of the contract. However, the beginning of work may be determined differently, in which case the employee is obliged to start performing his duties from the day specified in the employment contract. Part 4 of Art. 61 of the Labor Code provides for the consequences of failure to appear for work on time. If the employee does not start work on the set start date of work, the employer has the right to cancel the employment contract. A canceled employment contract is considered not concluded and the employer does not bear any obligations in relation to an employee who did not start work on time. There is only one exception. Cancellation of an employment contract does not deprive the employee of the right to receive security for compulsory social insurance in the event of an insured event in the period from the date of the conclusion of the employment contract until the day of its cancellation.

What is the procedure for applying for a job?

Registration of employment is carried out according to the rules provided for by Art. 68 of the Labor Code, according to which hiring is formalized by an order (order) of the employer, issued on the basis of a concluded employment contract. The order indicates: the surname, name, patronymic of the employee, the name of the profession, specialty or position, qualifications (category, class), in accordance with which labor duties will be performed, as well as the conditions of remuneration.

The minimum salary is set by the Federal Law ON THE MINIMUM SIZE OF Wages
Article 1. Establish the minimum wage:
from July 1, 2000 in the amount of 132 rubles per month;
from January 1, 2001 in the amount of 200 rubles per month;
from July 1, 2001 in the amount of 300 rubles per month;
from May 1, 2002 in the amount of 450 rubles per month;
(the paragraph was introduced by the Federal Law of 29.04.2002 N 42-FZ; as amended by the Federal Law of 01.10.2003 N 127-FZ)
from October 1, 2003 in the amount of 600 rubles per month.
(the paragraph was introduced by the Federal Law of 01.10.2003 N 127-FZ)
The name of the position, specialty, profession, indicating the qualifications of the employee, in accordance with which he will perform the labor function, stipulated by the agreement of the parties.
The profession is understood as the type labor activity, determined by the purpose and nature of labor functions (for example, doctor, metallurgist, builder). On the concept of specialty, qualifications and position, see paragraph 4 of the comment. to Art. 56 TC. The term "labor function" has been introduced into the definition of the concept of an employment contract. Under the labor function in accordance with Art. 15 TC is understood as work in a certain specialty, qualification or position.
A specialty is a type of occupation within the framework of one profession, a narrower classification of the type of labor activity, requiring specific knowledge, skills, and abilities acquired as a result of education and ensuring the formulation and solution of professional tasks (for example, a personnel manager, a doctor - surgeon, a locksmith - toolmaker ).
The qualification of an employee is the type of his professional training, the availability of knowledge, skills and abilities necessary for him to perform a certain job. The indicator that determines the degree of qualification of an employee is the category. Qualifying rank is established taking into account the complexity, responsibility and working conditions on the basis of the tariff and qualification reference book.
Position is an established set of duties and the corresponding rights that determine the place and role of an employee in a particular organization, as well as his responsibility for their implementation.
The employee undertakes to personally perform the work function stipulated by the agreement. He does not have the right to entrust it to another employee or hire another person to perform the duties assumed under the employment contract.
The name of the position, profession and specialty is indicated in the employment contract in accordance with the organization's staffing table.
The staffing table is an organizational and administrative document in which the official and number of employees of the organization is fixed, as well as the payroll is indicated. The staffing table is drawn up according to the established form (T-3) and contains a list of positions, information on the number of staff units, official salaries, allowances and monthly wages (see Resolution of the Goskomstat of Russia dated 06.04.2001 N 26 "On approval of unified forms of documentation on accounting of labor and its payment "). The staffing table is signed by the chief accountant of the organization and endorsed by the heads of structural divisions. It is approved by the order of the head of the organization. The staffing table is a long-term document. However, if necessary, changes, additions or other adjustments can be made to it.
In cases where the labor function entrusted to the employee does not fit into the framework of one position, profession or specialty, the employment contract specifies the specific types of work that he undertakes to perform. If an employee is accepted into an organization for a position in a specialty or profession, work in which, in accordance with federal law, gives the right to certain benefits or provides for certain restrictions, then the name of the corresponding position, specialty or profession of the employee is indicated in the employment contract in accordance with the qualification reference books , which are approved in the manner prescribed by the Government of the Russian Federation. Currently, the following can be used: Qualification reference book of positions of managers, specialists and other employees, approved. Resolution of the Ministry of Labor of Russia dated 21.08.98 N 37, and the Unified Tariff and Qualification Reference Book of Work and Occupations of Workers (ETKS), approved. Decree of the State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions of 31.01.85;
the rights and obligations of this employee, supplementing, clarifying or specifying - in relation to the job function performed by him - the rights and obligations of employees provided for by laws and other regulatory legal acts.
Good luck!

05 Feb 2012 02:00

Labor contract- an agreement between the employer and the employee, in accordance with which the employer undertakes to provide the employee with work for a specified labor function, to ensure the working conditions stipulated by labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, local regulations and this agreement , timely and in full pay wages to the employee, and the employee undertakes to personally perform the job function defined by this agreement, to comply with the internal labor regulations in force for this employer.
The parties are the employee and the employer.
The correct execution of the employment contract is important for the employee and the employer, since this is the main document on which the employment relationship is based.
However, the correctness of the employment contract can also be checked by the labor inspector, and if errors are found in the design or in the terms of the contract, the employer can be brought to administrative responsibility, established by Art. 5.27 of the Administrative Code of the Russian Federation for violation of labor legislation.
Note that this rule establishes a fine for heads of organizations in the amount of 1,000 to 5,000 rubles. (in case of a repeated offense - disqualification for a period of one to three years) and for organizations - from 30,000 to 50,000 rubles.

We draw up an employment contract

An employment contract is concluded in writing (Article 67 of the Labor Code of the Russian Federation).
Written form is provided for all types of employment contracts. Therefore, regardless of whether a fixed-term employment contract is concluded or an agreement for an indefinite period, whether the place of work for the employee is the main one or it is a part-time job, it is necessary to formalize an employment relationship by concluding a written employment contract.
If the employment contract is not executed in writing, this fact is the basis for holding the employer liable for non-compliance.

Note! The absence of a written employment contract does not indicate the absence of an employment relationship.
An employment contract that is not executed in writing is considered concluded if the employee started work with the knowledge or on behalf of the employer or his representative (Article 67 of the Labor Code of the Russian Federation).

An employment contract is drawn up in duplicate, one of which remains with the employer, and the second is transferred to the employee.
Each copy of the employment contract must be signed by both the employee and the employer.

Note! Upon receipt of his copy of the employment contract, the employee must sign on the copy of the employer's employment contract, which will confirm the fact that the employee has received the employment contract (Article 67 of the Labor Code of the Russian Federation). Therefore, we recommend that on the copy of the employer's contract provide a separate column "I received the employment contract, date and signature of the employee".
Note that the absence of such an employee's signature is one of the most common violations that labor inspectors reveal during inspections of employers on compliance with labor laws.

Age from which it is allowed to conclude an employment contract

According to the general rule established by labor legislation, an employment contract can be concluded with an employee who has reached the age of 16 (Article 63 of the Labor Code of the Russian Federation).

Note! If an employment contract is concluded with an employee under the age of 18, such an employee is previously sent by the employer to a mandatory medical checkup(Article 69 of the Labor Code of the Russian Federation). And only if there is a medical opinion, from which it follows that the work is not contraindicated for a young employee, the employer has the right to conclude an employment contract.

Note that it is possible to conclude an employment contract with persons under the age of 16, but only if the conditions established by the Labor Code of the Russian Federation are observed.
An employment contract with a 15-year-old employee may only be concluded to fulfill easy labor that does not harm his health.
The conclusion of an employment contract is possible only in the following cases:
- when a teenager has already received basic general education (finished 9 classes of a comprehensive school);
- continues to master the program of general education in a form of study other than full-time;
- the teenager, with the consent of the parents and the juvenile commission, left educational institution(i.e. stopped studying at school).
With a 14-year-old student teenager, it is possible to conclude an employment contract in order to perform light work that does not harm his health and does not interfere with the learning process.
To conclude an employment contract, you must:
- consent of one of the parents (guardian) and the guardianship and guardianship authority;
- work should be done in free time from study and not disrupt the learning process.
Labor legislation provides for the possibility of concluding an employment contract with young children, but only by the following employers:
- organizations of cinematography;
- theaters;
- concert organizations;
- circuses.
It is possible to use the labor of children to create and (or) perform (exhibit) works without prejudice to their health and moral development.
To conclude an employment contract, a permit from the guardianship and guardianship authority is required, which indicates the maximum permissible duration of daily work and other conditions in which the work can be performed.
An employment contract is signed by the child's parent (guardian) on behalf of the child.

Terms of employment

An employment contract concluded between an employee and an employer is one of the key documents in the formation of labor relations. Each organization independently develops the text of an employment contract, while employment contracts may differ for different employees.
Despite the fact that the Labor Code of the Russian Federation regulates the legal foundations of labor relations in some detail, the labor contract allows us to outline the nuances of labor relations.
Conditions such as, for example, the name of the position, the amount of remuneration, are mandatory conditions, individual for each employee.
The structure of the employment contract is as follows.
In an employment contract in mandatory specifies the data allowing the identification of the employee and the employer.
In addition, the employment contract must contain the mandatory conditions listed in Art. 57 of the Labor Code of the Russian Federation.
In addition to those that are binding, an employment contract may contain additional conditions.

Note! Terms of an employment contract that do not comply with the principles of labor law are invalid.

So, the employment contract specifies:
- surname, name, patronymic of the employee and the name of the employer who entered into the employment contract;
- passport data of the employee;
- TIN (taxpayer identification number) of the employer;
- information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate powers;
- the place and date of the conclusion of the employment contract.

Mandatory conditions of an employment contract

Article 57 of the Labor Code of the Russian Federation lists the conditions that must be included in an employment contract:
1. Place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another locality - the place of work with an indication of the separate structural unit and its location.
2. Labor function(work according to the position in accordance with the staffing table, profession, specialty with an indication of qualifications; the specific type of work entrusted to the employee).
Note that if the work performed for certain positions, professions, specialties legally provides for the provision of compensations and benefits or the presence of restrictions, then the name of these positions, professions or specialties and qualification requirements to them must comply with the names and requirements specified in the Unified tariff qualification handbook works and professions of workers or in the Unified qualification reference book of positions of managers, specialists and employees, approved. Decree of the Government of the Russian Federation of October 31, 2002 N 787.
3. Start date.
4. Validity fixed-term contract; circumstances (reasons) that served as the basis for the conclusion of a fixed-term employment contract.

Note! As a general rule, employing organizations must enter into employment contracts for an indefinite period. A fixed-term employment contract is concluded when an employment relationship cannot be established for an indefinite period, taking into account the nature of the work ahead or the conditions for its performance, namely in the cases provided for in Art. 59 of the Labor Code of the Russian Federation.

One of the most common mistakes employers make when concluding an employment contract is concluding a fixed-term employment contract in the absence of a reason.
By agreement of the parties, a fixed-term employment contract may be concluded only in the cases provided for in Part 2 of Art. 59 of the Labor Code of the Russian Federation.
For example, he has the right to conclude fixed-term employment contracts of an organization ( individual entrepreneurs) - small businesses, if the number of their employees is no more than 35 people.
If the employer carries out activities in the field retail and consumer services, the number of employees should not exceed 20 people.
And if the employer unreasonably entered into a fixed-term employment contract, the consequences may be as follows:
- the court may recognize such an agreement concluded for an indefinite period;
- the labor inspector can hold the employer liable for violation of labor laws.
5. Terms of remuneration(including the size of the wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments).
It should be noted that the amount of the official salary (tariff rate) of the employee must be indicated directly in the employment contract (this is established by Article 135 of the Labor Code of the Russian Federation).
However, many employers prefer to use the wording "Pay as per staffing" in the contract text instead. This is wrong.
For such a wording, the employer can be held liable for violation of labor laws.
6. Working hours and rest hours(if for this employee it differs from the general rules in force for this employer).
7. Compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of the working conditions at the workplace.
8. Conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work).
9. Condition on compulsory social insurance of the employee. For example: "The employee is subject to compulsory social insurance in accordance with the current legislation of the Russian Federation."
10. Other conditions in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms.

Note! Failure to include one or several mandatory conditions in the text of the agreement does not make such an agreement non-concluded and does not constitute a basis for terminating the employment contract. However, if Labour Inspectorate upon verification, it reveals the fact of non-reflection in the employment contract of mandatory conditions, the employer may be held administratively liable for violation of labor legislation.

Therefore, if there are no mandatory conditions in the text of the agreement, it is necessary to include them in the agreement. To do this, you should draw up a written annex to the contract, which will be an integral part of it.
Recall that all annexes to the contract must be signed by the parties - the employee and the employer.

Entry into force of the treaty

As a general rule, an employment contract comes into force from the day it is signed by the employee and the employer (Article 61 of the Labor Code of the Russian Federation). At the same time, the parties can independently determine the date of entry into force of the contract. For example, an employment contract was signed by the parties on 05/25/2011.
It states that it will enter into force on June 1, 2011.
Most often, an employment contract is signed on the day the employee starts to perform his job duties.
For example, an employment contract was signed on 10/17/2011.
The text of the contract contains a condition according to which the employee begins to perform his job duties from the date of its signing.
However, the dates of signing the employment contract and starting work may not coincide. The employment contract can provide for a specific date from which the employee begins to perform his job duties.
For example, an employment contract was signed by the parties on 10/30/2011. The contract stipulates that the employee begins to perform his job duties from November 11, 2011.
If the day of starting work is not specified in the employment contract, then the employee must start work on the next business day after the entry into force of the contract.
For example, an employment contract was signed on November 10, 2011.

Note! At present, the reasons why the employee did not start work on time do not matter for making a decision to cancel the contract. Previously (before 06.10.2006) the employer could cancel the employment contract only if the employee did not start work without good reason.

The term when the employee must begin to perform his job duties is not established by the contract. In this situation, the employee starts work on November 11, 2011.
A situation is possible when an employment contract is signed by the parties, but the employee did not start work on the day of starting work.
In this case, the employer has the right to cancel such an employment contract. A canceled employment contract is considered not concluded (part 4 of article 61 of the Labor Code of the Russian Federation).
Note that cancellation of an employment contract is a right, not an obligation, of the employer.
Therefore, the employer can exercise this right and issue an order to cancel the employment contract the very next day after the employee has not started work. The order can be issued at a later date if the employee has not come to work.
At the same time, the employer can find out the reasons for the employee's absence from work and leave the employment contract in force.

Documents to be presented when concluding an employment contract

Article 65 of the Labor Code of the Russian Federation leads list of documents that the employee presents to the employer when concluding an employment contract:
- passport or other identity document;
- employment history, with the exception of cases when an employment contract is concluded for the first time or an employee is hired on a part-time basis;
- insurance certificate of state pension insurance;
- documents of military registration for persons liable for military service and persons subject to conscription;
- a document on education, qualifications or availability of special knowledge - when applying for a job requiring special knowledge or special training.
Failure to submit these documents by the employee is the basis for refusal to conclude an employment contract.
The Labor Code of the Russian Federation prohibits employers from demanding from an employee any documents other than the above.
Often, employers, when concluding an employment contract, require employees to submit a certificate of assignment of a TIN ( identification number taxpayer).
However, this document is not included in the list of documents that the employee must present to the employer. Therefore, the employee's absence of a certificate of assignment of a TIN cannot serve as a basis for refusing to conclude an employment contract.
When concluding an employment contract for the first time, the work book and the insurance certificate of the state pension insurance are drawn up by the employer.
Note that the absence of a work book does not actually prevent the conclusion of an employment contract.
In the event that the employee does not have a work book, for example, due to its loss, he must write to the employer a corresponding statement indicating the reason for the lack of a work book.
The employer, in turn, must draw up a workbook of a valid sample for the employee and make the appropriate entries in it.
When drawing up a new work book, information is entered into it about the general and (or) continuous work experience of the employee before entering the this employer, confirmed by the relevant documents. The total work experience is recorded in total, i.e. indicated total amount years, months, days of work without specifying the employer, periods of work and positions of the employee (Letter of Rostrud dated April 30, 2008 N 1026-6).

The conclusion of an employment contract is one of the guarantees legal status employee. With its help, the employee and the employer determine mutual rights and obligations. In what form is the employer obliged to conclude an employment contract with the employee hired?

Form of employment contract

The form of the employment contract is determined by Article 67 of the Labor Code of the Russian Federation. It states that the employer is obliged to conclude an employment contract only in writing. At the same time, the employer must draw up it in two copies, each of which is signed by the employer and the employee. The employer gives one copy of the contract to the employee, the other is kept by the employer. The receipt by the employee of his copy of the employment contract must be confirmed by the employee's personal signature on the copy of the employment contract kept by the employer.

Cases of Conclusion of a Written Employment Contract

An employer must always conclude an employment contract in writing:

• with employees working on a permanent basis or temporarily;
• with those working at the main place of work or part-time (if the employee works for one employer for the main job and part-time, the employer is obliged to conclude two contracts with him);
• with homeworkers, etc.

It is the employer's responsibility to conclude an employment contract.

It is the employer's obligation to conclude an employment contract in writing. But in some cases, there is an urgent need to admit an employee to work even before signing an employment contract with him. In this case, the contract is considered concluded if the employee started work with the knowledge or on behalf of the employer or his representative. We advise employers to draw up a written contract with such an employee within three days. If this is not done, then the employer may be brought to administrative responsibility.

Is there a standard form of an employment contract?

The legislation does not establish a standard form of an employment contract. The employer can design his own uniform. The main thing to include in the employment contract mandatory information and the conditions provided for by article 57 of the Labor Code of the Russian Federation.

In the employment contract, the employer must indicate:

• surname, name, patronymic of the employee and the name of the employer who entered into the employment contract;
• information about the employee's identity documents;
• taxpayer identification number (for the employer);
• information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate powers;
• place and date of the conclusion of the employment contract.

The following conditions must be included in the employment contract:

• place of work;
• labor function of the employee (work according to the position in accordance with the staffing table, profession, specialty with an indication of qualifications; the specific type of work entrusted to the employee);
• the date of commencement of work, and in the case of a fixed-term employment contract, the period of its validity and the reasons for concluding an employment contract with a term are indicated;
• terms of remuneration;
• the mode of working hours and rest (if for this employee it differs from the general rules in force in the organization);
• compensation for hard work and work with harmful and (or) hazardous working conditions (if any);
• conditions that determine the mobile, traveling, other nature of work (if necessary);
• compulsory social security condition for the employee

Other additional conditions can be included in the employment contract if they worsen the employee's position in comparison with the current labor legislation.

Changes to the employment contract

All changes to the employment contract are made only in writing in the form of an additional agreement.

Labor legislation is one of the key in terms of successful development any state of the spheres of law. Many of its provisions reflect the specifics of signing the relevant contracts between employing companies and employees. What is an employment contract (concept)? The procedure for concluding this document - what is it?

What is an employment contract?

Let's first decide what an employment contract is. According to the provisions of the legislation of the Russian Federation, this is an agreement between the employer and the hired employee, according to which the first party undertakes to provide a second job in accordance with a certain function and to ensure the conditions for its implementation according to the law, as well as to pay wages.

In turn, the hired employee, having signed the contract, undertakes to personally carry out the labor function entrusted to him, as well as to comply with the internal regulations that are established by the employing company.

General information on the procedure for concluding a contract

The procedure for concluding an employment contract involves, first of all, the preparation of an appropriate document in writing. The contract between the employer and the employee must be drawn up in duplicate. The parties confirm their agreement with its terms by means of a signature and other details provided for by the law. In addition to the employment contract, the head of the employing company is obliged to draw up an order for the admission of a new employee, as well as, if required by the specifics of the work, other documents - for example, medical book... Also, at most production facilities, the employing company must familiarize the employee with the internal regulations and other local legal acts.

The terms for concluding an employment contract are also fixed in the legislation of the Russian Federation. If a person has actually begun to perform his job duties, then from a legal point of view, a contract of the type in question is considered concluded. Within three days, the employing company is obliged to draw up an employment contract, as prescribed by law, in writing.

It can also be noted that the immigration legislation of the Russian Federation in some cases obliges the employer to send a notice to the FMS about the conclusion of an employment contract with foreigners. This is a fairly new norm, it has been in effect since 2015.

Stages of interaction between employer and employee

The general procedure for concluding an employment contract may also involve communication between the employer and the employee within the periods preceding the signing of the relevant contract. Let's consider the main features of this stage. Lawyers identify three periods in which the employer and the employee interact in the aspect of initiating labor relations. Of course, we are talking about the stages after a successful interview or, for example, a competition, as a result of which a person has already been invited to work for a current vacancy.

Familiarization period

The first period is introductory. Within the framework of it, in fact, a personal acquaintance between the employer and the hired employee takes place, both formal aspects of communications and unofficial ones can be present.

So, for example, an employee, in order to correctly formalize labor relations, must provide the employer with a number of documents - an identity card (usually a passport), SNILS, a diploma or other source confirming qualifications. If a person gets a job not for the first time and he has a work book, he is also obliged to hand it over to the employer. The procedure for concluding an employment contract involves the provision of a certificate with a TIN, as well as, if necessary, a military ID. In turn, if a person gets a job for the first time, then the employer must assist him in preparing the necessary documents.

Above, we noted that along with the execution of the main contract document confirming the official employment - an employment contract, the employer may have an obligation to familiarize the employee with certain local regulations. Lawyers point out that many of these sources must be provided to a person even before the conclusion of an employment contract. This applies to internal regulations or, for example, collective bargaining agreements.

Preparation of contract

Let's consider what is the procedure for concluding an employment contract at the stage of its direct drawing up and signing. Lawyers recommend paying special attention to the structure of the document. Let's note the following key nuances that relate to it:

• it is necessary to indicate in the contract the full name of the person. employee, full name of the employing company;
• you need to reflect the data on documents that prove the identity of the employee;
• it is necessary to indicate the TIN in the contract;
• should reflect in the contract information about the place of work, about the coordinates of the branch;
• it is necessary to enter data reflecting the specifics of the labor function of an employee, which corresponds to the vacancy, qualifications or specialty of a person;
• the terms of the conclusion of the employment contract should be indicated;
• you need to reflect the conditions for the payment of labor compensation, the formula for their calculation;
• other necessary information must be included in the contract.

In this case, the employment contract can be subsequently supplemented by documents reflecting changes in it. However, the fundamental point here is that at the stage of preparing the contract, the employer can still offer the hired employee the conditions for performing labor functions unilaterally. But as soon as the employment contract is signed, any changes to it are possible only if the employee agrees to them.

Contract and trade secrets

The general procedure for concluding an employment contract allows the introduction of clauses into it that reflect the obligations of an employee to keep the commercial secret of the enterprise that hired him. The legal basis of the relevant provisions can be adopted at the federal level, regulatory and legal acts. At the same time, the employer must make sure that the alleged trade secret meets the criteria reflected, in particular, in Article 139 of the Civil Code of Russia.

It says that the relevant secret information can be considered a trade secret if it has real or perceived commercial value due to unknown to third parties, provided that the employer protects this information, and also if there is no free, public access to it on the grounds that provided for by applicable law.

Probation

How is the procedure for concluding an employment contract related to probation, which is practiced by many Russian employers when hiring new employees? In accordance with the 70th article of the Labor Code of the Russian Federation, the employing company has the right to prescribe in the employment contract the conditions that the employee must work for the appropriate period in order to check his professional suitability. Moreover, if this condition is not spelled out in the contract, then the person is considered accepted into the company without any tests. However, if the employee is admitted to the actual performance of labor duties without a signed contract (this possibility is provided for by Article 67 of the Labor Code of the Russian Federation), then the corresponding condition can be added to the contract if the employer and the employee have drawn up an additional agreement on this.

Signing stage

So, let's move on to one of the key stages, which provides for the procedure for concluding an employment contract (contract). We are talking about the procedure for the direct signing of the document. Above, we determined that it should be drawn up in duplicate, one employer keeps it, the other gives it to the employee. Each one has the signatures of the parties.

We also determined that the head of the organization must issue an order confirming the fact of hiring a person. This document must be drawn up within three days from the date of the actual start of the employee's performance of labor functions. The content of the order in question must be associated with the concluded contract. At the request of the employee, the employer must issue a copy of the order, which is duly certified.

General algorithm

Thus, the procedure for concluding an employment contract can be briefly described using the following algorithm:

• acquaintance with the employer (after the interview and approval of the candidate for the vacancy);
• familiarization with the internal regulations and other local acts;
• signing a contract;
• familiarization with the order for employment, obtaining, if necessary, a copy of it;

If necessary, as well as when mutually agreeing positions in cases where it is required by law, the employer and the employee may conclude additional agreements(for example, on probation issues).

When to get started?

So, what is the procedure for concluding an employment contract, we studied. From what moment can a person start work (if we are not talking about the scenario, when he began to do this before signing the document)? According to the provisions of the law, an employment contract is considered to be effective immediately upon signing by the employing company and the new employee.

Accordingly, if a person began to perform his duties before he signed the document, then the contract is considered valid from the day the employee actually started working. Also, in the contract itself, a specific period may be spelled out from which a person can begin to perform his duties. If such an option is not specified in the contract, then the employee can start working the next working day. Moreover, if a person has violated the terms, then the employer has the right to cancel the contract.

Types of employment contracts

We examined what an employment contract is. The content, the procedure for concluding the document is also now clear to us. Now we can investigate the classification of contracts within the framework of the types provided by the law. The Labor Code of the Russian Federation allows the conclusion of the corresponding type of agreement within the framework of two types.

First, there are contracts concluded for an indefinite period. That is, having signed such an agreement, a person has the right to count on the performance of his functions without restrictions on the duration. Secondly, the legislation of the Russian Federation also provides for fixed-term labor contracts. Their maximum duration is 5 years. The specific term of the agreement is determined in its provisions.

Also, the legislation of the Russian Federation provides for a special type of contract - a collective labor agreement. What is this document?

Specificity of collective agreements

A collective agreement is a document that, if you follow the provisions of the Labor Code of the Russian Federation, reflects mainly the social component of the interaction between the employer and employees. That is, it reflects the conditions for granting vacations, vouchers to sanatoriums, some provisions on wages, etc. Collective labor agreements are considered the norm for modern Russian enterprises. Such agreements foster trusting communications between employers and employees, as well as foster loyalty. employees in relation to the company.

In general, firms are not required to enter into collective bargaining agreements with employees. However, if such an initiative is received from the employees themselves, then, according to the law, the company must enter into negotiations with them within 7 days for the preparation of the relevant documents.

The procedure for concluding a collective labor agreement, as lawyers note, is fairly free - it is determined by the parties themselves. An interesting fact is that if the employer and employees did not reach a compromise on the terms of the relevant agreement, then three months after the start of communications on this issue, the contract must be signed in any form. At the same time, it is necessary to supplement it with a protocol, which will reflect the disagreements.

Specificity of fixed-term employment contracts

Is there a special procedure for concluding a fixed-term employment contract? From the point of view of the basic stages of its registration, everything, in principle, is the same as in the case of a regular contract. The procedure for concluding an employment contract that we have defined is briefly generally also relevant for the type of agreement under consideration. At the same time, some specificity can be noted regarding fixed-term contracts, which is defined in Article 59 of the Labor Code of the Russian Federation. It lists the scenarios in which the employer has the right to propose the signing of such agreements. Fixed-term contract, thus, is:

• if a person comes to the position of a temporarily absent employee with whom the company has signed an open-ended contract;
• if we are talking about temporary work, the duration of which does not exceed 2 months;
• at seasonal work, when natural conditions do not allow people to carry out labor functions all year round;
• when signing a contract under which a person will work abroad;
• when it comes to work that is not typical for the main profile of the employing company;
• if the employing company was deliberately created as a legal entity operating for a certain period, after which it is planned to close it;
• if a person comes to the company to solve a specific problem, but the exact timing of its solution is not known;
• if an employee undergoes an internship or training in the company;
• when registering a person for work in an elected government body that functions within the statutory period - until the next elections;
• when forming election commissions for the period of the respective campaigns and counting of votes, as well as other democratic institutions necessary at the stages of forming municipal or state power through elections;
• if a person is sent to temporary work by the employment service;
• if the employee is a citizen who is doing alternative service.

Also, the laws of the Russian Federation allow a scenario in which a fixed-term employment contract can be signed by mutual agreement between the employer and the employee. This is possible in the following main cases:

• if the employing company has the status of a small business entity or individual entrepreneur;
• if the employee is an old-age pensioner;
• if the employee has a medical certificate, which presupposes the desirable signing of a fixed-term contract;
• if a person comes to work in the Far North, as well as in the territory with an equivalent status from another region;
• if the work is related to the prompt solution of tasks to overcome the consequences of emergency situations;
• when an employee is selected for a vacancy as a result of a competition;
• if the vacancy involves creative work;
• if a person comes to the company for leadership position, For example, general director, his deputy or chief accountant;
• when concluding an agreement with full-time students;
• if a person comes to work part-time.

Also, the above conditions may be changed or supplemented by virtue of certain provisions of Russian legislation.

Thus, we have investigated the concept of "employment contract", types, order of conclusion. Consider an interesting aspect, reflecting, in particular, overseas experience conclusion of such contracts.

Labor contracts abroad

It can be noted that in the world there are several very different legal regimes governing the relationship between an employer and an employee. For example, in the United States, such contracts are considered by lawyers as a simple formality, since the protection of the employee is not high - the employer can dismiss the employee at any time. In turn, in post-Soviet countries of this type, the contract is more significant from the point of view of social guarantees document. In many CIS countries, there is a similar procedure for concluding an employment contract. Ukraine, Russia, Belarus in this sense have quite similar legislation.

From the point of view, in particular, of the protection of employees, in these states the labor legislation is one of the most socially oriented, as many lawyers believe. Although also in many Western countries, a similar situation is observed. That is, the American model of labor legislation, in which the protection of workers is noticeably lower, is not always considered acceptable in the process of forming local sources of norms in other developed countries.

Many lawyers believe, and this is probably true, that the reason why Belarus, Russia and Ukraine have similar labor law is the common Soviet legal system in the past. That is why the algorithms are similar, in accordance with which the procedure for concluding an employment contract is built. RB, RF - countries that, moreover, have signed an agreement on a union state, and therefore the legislation on labor in these countries, as many lawyers believe, is characterized by special proximity.