How to sign an employment contract. Rules for drawing up an employment contract

When applying for a job, we have to sign an employment contract. Often we are quite frivolous about signing it, just skimming through its contents. And, meanwhile, it is very important for both the employee and the employer to know why this document is needed and how to draw it up, so that in the event of a conflict, no one suffers losses and does not feel deceived.

How to draw up an employment contract

An employment contract, according to the Labor Code of the Russian Federation, is an agreement between an employee and an employer. According to this agreement, the employer undertakes to provide the employee not only with work, but also with suitable working conditions for it, as well as to pay wages in full and without delay. In turn, the employee undertakes to perform the work in good faith, observing the internal labor regulations established by the employer.

What should an employment contract contain?

Before you draw up an employment contract, you should familiarize yourself with the main points of its content in advance. Therefore, each contract must contain the following clauses:

Full name of the employee and employer and the name of the enterprise.
TIN of the employer.
Date and place of imprisonment employment contract.
Place of work.
Job title, profession, or specific job function.
Description or list of work to be performed by the employee.
Exact start date.
Terms of payment.
The conditions clearly stipulate the time of work and rest.
Conditions of compulsory social insurance of an employee.
Rights and obligations of the employee and the employer.
The condition of the probationary period (it should not exceed three months, and for heads of organizations - six months).
Terms of termination of the contract.
Other additional conditions, but only if they do not violate labor laws, worsening the position of the employee.

Documents for registration of an employment contract

To properly draw up an employment contract, the future employee will need the following documents:

passport (or other identification document)
work book (not required when applying for a part-time job)
SNILS (plastic card)
military ID (if necessary)
certificate, diploma or other required educational documents

The drawn up employment contract must be printed in two copies, one of which is taken by the employee, and the second remains with the employer. At the same time, the copy of the employer must bear the signature of the employee, which confirms that the employee has received his copy of the contract.

When drawing up an employment contract, you need to know

There are a number of other points that must be considered when planning to conclude an employment contract:

Employment contracts are fixed-term (concluded for a specific period, but not exceeding 5 years) and concluded for an indefinite period.
The entry into force of the contract is the day on which it was signed by the employee and the employer, or the day of the actual start of work specified in the contract.
An employment contract, according to the Code of the Russian Federation, can only be concluded with persons who have reached the age of 16. Or from the age of 14 (with the consent of one of the parents).

Now you know how to draw up an employment contract, With an example correct design the form of the employment contract can be found. If you have any doubts about the correctness of the employment contract offered to you, or you want to add some special conditions to it, then before signing it, be sure to consult a lawyer.

In Russia, the mandatory procedure for concluding an employment contract when applying for a job is regulated. After all, it is the labor agreement that determines the legality of the labor relationship between the employee and the employer. Before concluding an employment contract, it is necessary to analyze all its provisions, agree on the expected working conditions and resolve disputes.

The whole process of conclusion for better understanding can be divided into several stages.

The initial stage of approval and familiarization

After choosing a candidate for a position, the employer asks the future employee Required documents. The procedure for concluding an employment contract determines that a citizen may be required to:

passport;
diploma (certificate);
work book;
military ID;
TIN certificate;
health insurance policy;
state insurance certificate pension insurance;
recommendations.

In addition, the employer has the right to request certificates of qualifications and practical work experience (knowledge), if this is necessary for the specifics of the future work.

In cases where the law imposes restrictions on the ability to hold a position for persons with a criminal record, a certificate of absence or cancellation of a criminal record is requested. The general rules for concluding an employment contract do not give the right to request such a certificate.

The candidate for the position has the right to get acquainted with the future working conditions, to make his wishes. If there is a mutual desire with the employer, to negotiate the terms of the employment contract, for example, part-time work. Familiarization of the employee with the employment contract should always take place before signing it!

The law does not establish specific terms for familiarization with the employment contract, but determines that the employee must familiarize himself with the rules before starting work internal order and with the necessary safety instructions. There is a legal deadline labor agreement- three days from the start of the work.

Attention: if the employer offers you to conclude civil contract together with an employment contract, we recommend that you familiarize yourself with this material!

The procedure and conditions for drawing up an employment contract

A key role in how to conclude an employment contract correctly is how to draw it up correctly. You should focus on regulating what you need to reflect the details of the parties. Prescribed:

passport data;
numbers of insurance certificates of the employee;
The item can be supplemented with information requested for a specific position;
The data of the employer (name, address) are entered in the same way.

Mandatory conditions

The procedure and conditions for concluding an employment contract have a number of mandatory elements that must be reflected in the text. Mandatory conditions of the employment contract under Art. 57 of the Labor Code of the Russian Federation:

Determination of the place of work. It is necessary if an employee is hired in a branch or a separate subdivision.
Labor tasks and functions. The purpose and type of labor activity for which the employee is hired are described.
Work period. This item is entered in, that is, concluded for a specific period of time. Otherwise, the contract is considered unlimited. But it is allowed to reflect the date of commencement of work in the contract, if necessary, based on the specifics of the tasks set.
Conditions and principles of wage calculation. The procedure for drawing up an employment contract includes informing the employee about the conditions for calculating wages for work. It can be a rate or a percentage based on completed tasks.
The work schedule in the employment contract must always be indicated, unless it is stipulated in another regulatory act or there are deviations from the generally accepted mode of work in the company.
indication compensation payments included in mandatory conditions execution of an employment contract if the employee is engaged in hazardous work.
Conditions determining compulsory social insurance, as well as additional guarantees, in accordance with the Labor Code of the Russian Federation.

Essential conditions

In addition to these mandatory items, the essential terms of the employment contract may be indicated:

probation;
additional functions;
period of mandatory working off;
individual benefits;
conditions for keeping state or commercial secrets;
other.

Essential, but different from the standard, terms of the employment contract are agreed between the parties. Any subsequent change in the provisions takes place by mutual agreement or within the framework of Art. 74 of the Labor Code of the Russian Federation.

All of the above is on a detailed video about the conclusion of an employment contract:

Trial period

Inclusion probationary period in the conditions of admission to the position is allowed, but with a reservation. - the conclusion of an employment contract with a probationary period occurs immediately. After the fact, the indication of the test period is permissible only by mutual agreement.

There are a number of restrictions when it is impossible to hire a person with a probationary period:

Upon admission through competition.
If a pregnant woman or mother of a child up to a year and a half is taken.
Probation is not applicable to minors.
Young professionals - graduates during the first year after graduation.
For persons holding elected office.
When making a short-term employment contract - up to two months.
When transferring from one position to another within the same company.
In other cases, expressly stipulated by the legislation. For example, in relation to successful students ().

Additionally, it is allowed to indicate special conditions regarding the list of persons to whom the probationary period does not apply, the norms of the company's collective agreement. But only as part of an increase relative to the legislative list, and not a decrease. If during the test a discrepancy between the knowledge or qualifications of the employee necessary for the performance of work is revealed, then such an agreement may be terminated before the end of the test period. severance pay such an employee is not provided.

The procedure for concluding an employment contract (including a sample for 2019)

The procedure for concluding an employment contract can be summarized as follows:

Get information about a candidate for a position.
Familiarization of the employee with the basic working conditions in the company, including the remuneration system, work schedule, rest period and benefits provided, social guarantees.
Reconcile disputes, if any.
Familiarize the candidate with the work schedule and necessary instructions for work.
Draw up the text of the employment contract in 2 copies (Article 67 of the Labor Code of the Russian Federation).
Sign an employment agreement.
Give one copy to the employee who signs the employer's copy of receipt.
Submit a job order.
Familiarize the employee with the order against signature.
Make an entry in your workbook. Upon admission to the first place of work, a book is given to an employee at this enterprise.

You can download a sample employment contract for 2019 for free.

The employment contract can be canceled due to the absence of the employee at the agreed time for workplace. Absence must be due to valid reasons. It is impossible to cancel the contract if the employee did not appear for a good reason.

When You Can't Refuse

It is forbidden to refuse a candidate to draw up a contract, for reasons based on various manifestations of discrimination. This may be infringement of rights on the basis of:

race;
nationality;
religion;
gender;
having children;
family composition;
place of residence;
age;
social status and so on.

It is permissible to establish qualification restrictions caused by the need for special knowledge or experience. For example, the presence of a higher education for managers, or the presence of a special education, such as law, for a candidate for the position of legal adviser. The candidate has the right to request a written refusal, if he wants. The employer has no legal opportunity to refuse him this. An unreasonable refusal can be challenged by a citizen.

Stage after conclusion

For the current period, it is considered that the date of commencement of the employment contract is determined either by the date of its signing, or by the date of commencement of work, if the agreement was concluded later. The law provides a period of up to three days for the execution of the contract from the start of work. The start of work can be specified in the agreement, if there is none, then the start of work is set on the next business day after signing.

Notification of the Federal Migration Service on the conclusion of an employment contract

For situations where a foreigner is accepted for a position, a separate procedure is provided. It is necessary to send a notification to the FMS about the conclusion. The period when the notice of the conclusion of an employment contract in 2019 is submitted to the immigration service is 3 days from the date of employment.

It is additionally regulated that a separate one is submitted by the foreigner himself within 2 months after obtaining a patent and drawing up an employment contract - a copy of the employment agreement is sent.

It is necessary to submit a notice to the FMS for any foreigner accepted for a position, regardless of his status in the Russian Federation, as well as citizenship. You can study a sample of filling out a notice of conclusion of an employment contract from an employer using a sample form.

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

Despite the fact that the current labor legislation quite clearly regulates the procedure for concluding an employment contract, in practice there are still disagreements both on the legality of requiring the documents necessary to conclude an agreement and the form of concluding an agreement, and on the moment the agreement enters into force.

The procedure for concluding an employment contract: briefly

The conclusion between the employee and the employer of an employment contract is primarily aimed at streamlining the relationship between the parties, as well as fixing the most important points that characterize labor activity from a specific employer. For this, a document is writing.

Briefly, the procedure for concluding an employment contract can be divided into several stages:

preliminary stage.

As part of this stage, the employer must determine whether the employee has reached the age with which labor law binds the employee's right to conclude an employment contract. The general age from which the conclusion of an employment contract is allowed is determined by the legislator as 16 years, unless otherwise provided by article 63 of the Labor Code of the Russian Federation. In turn, the worker this stage must, before concluding an employment contract, submit to the employer the documents, an exhaustive list of which is contained in article 65 of the Labor Code of the Russian Federation. The employee presents a passport, a work book, a military ID, a document on education, an insurance certificate of compulsory pension insurance, and other additional documents in cases specified in the law;

if necessary, in cases provided for by the Labor Code of the Russian Federation, the obligatory passage by the employee of a preliminary medical examination ();
direct signing of an employment contract between the employee and the employer;
registration of employment, including the issuance by the employer on the basis of a concluded employment contract of an order for employment, making an entry on employment in the work book (articles 66, 68 of the Labor Code of the Russian Federation).

What is the form of the employment contract?

The employment contract is subject to conclusion in two copies in a simple written form; special registration of the contract in the labor inspectorate is not required.

One of the copies remains in the hands of the employee, the second copy is kept by the employer, which the employee is informed about and confirms with his own signature on the copy of the employer.

The law obliges the employer to sign an employment contract with the employee no later than three days from the date of hiring him. After all, in the event of any dispute, conflict with the employer, this document is designed to help resolve and exhaust the mutual claims of the parties.

In the absence of documented labor relations, there is a place to be factual assumption worker to work. In this case, the employer is obliged to draw up an employment contract with the employee in writing after the actual admission to work. And he must do this no later than three working days.

The provisions on the form of an employment contract are regulated by article 67 of the Labor Code of the Russian Federation.

Who signs the employment contract with the employee

Speaking about the procedure for concluding an employment contract, it is also necessary to indicate who has the right to sign the contract ():

on the part of the employer, the right to sign belongs to the person who is the sole executive body(director, to CEO society) or authorized body on the basis of the power of attorney of the director of the company. If the employer is an individual entrepreneur, then the right to hire citizens and conclude an employment contract with them arises if they reach the age of 18 and have full civil capacity;
the employee signs the employment contract personally, and in cases where the employee has not yet reached the age of majority, by his legal representative (one of the parents, guardians).

As a rule, hiring an employee is accompanied by the conclusion of an employment contract. All relations related to the conclusion, amendment and termination of the employment contract are regulated.

Features of compiling a document

An employment contract is an agreement between an employer and employee, according to which the employer undertakes to provide work, ensure working conditions and pay for it in a timely manner, and the employee undertakes to perform the work for which he was hired, observing the rules of the schedule established by the employer -.

In an employment contract without fail must contain the following information:

Full name of the employee and employer, if the employer is a legal entity, the name of the organization.
Passport data of the employee - number and date of issue.
TIN of the organization.
The data of the person who signed the contract on behalf of the company, and the documents on the basis of which he was granted the right to sign this document.
Date and place of conclusion of the contract.
The place of work is indicated without fail if employment is carried out at a branch located in another locality.
The start date of work is indicated only in the case of a fixed-term employment contract.
Remuneration, namely salary according to the tariff scale, allowances, bonuses and other incentive payments.
The mode of work and rest is indicated without fail, only if it differs from general rules the company where the employee is employed.
If the working conditions at the enterprise are dangerous or harmful to the health of the employee, then the contract must describe his guarantees and compensations provided for work in hazardous or hazardous production.
Conditions due to the nature of the work performed - traveling, mobile, etc.
Working conditions.
Conditions for concluding an agreement on a binding social insurance worker.

This information is mandatory, but its absence cannot be grounds for terminating the employment contract. The missing information is entered into the contract itself, and the missing conditions are included in the appendix to the contract -.

Contract form

The employment contract must be concluded in writing and signed in two copies, one of which remains with the employee, and the second is kept by the employer. The issuance of a copy of the contract is certified by the signature of the employee on the copy of the employer's contract.

Important! If the employment contract was not executed in writing, but the employee began to perform his duties with the knowledge and permission of the employer, then such an agreement is considered concluded -.

Probation

A probationary period for employment can be established only by agreement of the parties. If the contract does not contain conditions for a probationary period, then the employee is considered hired without a test -.

If an employee was hired without an employment contract, then the condition for his testing can be established by a separate agreement concluded before the start of work.

During the probationary period, the employee has all the rights provided by law, regulations, agreements and contracts containing labor law norms.

A probationary period cannot be assigned:

Minors.
Pregnant women, as well as women with a child under the age of one and a half years.
Persons who have passed the competition for the corresponding position.
Persons who received higher education under state programs and for the first time getting a job - within 1 year after receiving their diploma.
Employees who have received a translation job that has been agreed with the management of the organization.
Elected employees.
Employees who have signed a contract for a period of not more than 2 months.

A trial period for ordinary employees cannot be appointed for more than 3 months. For managers, chief accountants and their deputies, as well as heads of branches and representative offices, the maximum probationary period is 6 months.

If the term of the employment contract does not exceed six months, then the probationary period cannot exceed 2 weeks. The probationary period does not include the period the employee is on sick leave, as well as the period of his absence from work.

Documents required for the conclusion of the contract

When applying for a job, the employer has the right to require the following documents:

Passport, or a document replacing it.
Labor book.
Insurance certificate.
If a person is liable for military service, then a document of military registration.
Document on education and qualifications.
Certificate of conviction.
Additional documents due to the specifics of the work.

Important! The law prohibits, when hiring, to require additional documents that are not provided for by the Labor Code of the Russian Federation, Federal Laws, as well as Presidential Decrees and Government Resolutions.

If a person gets a job for the first time, then the employer himself draws up a work book. If the book was lost, then the employer is obliged to replace it at the written request of the employee.

The contract is considered concluded from the date of its signing. The employee is obliged to transgress to the implementation of his duties from the date specified in the contract. If the date was not determined by the contract, then the next day after the signing of the contract.

If the employee does not start his duties on the day established by the contract, the employer has the right to cancel the contract. The canceled contract is considered invalid -.

Completed sample document

Employment contract No. ________

_____________ "____" ______________ 201__

Firma LLC, represented by the director ____________________________, acting on the basis of the Charter, hereinafter referred to as the "Employer", on the one hand, and citizens _______________________________________________________________________, hereinafter referred to as _____ "Employee", on the other hand, have concluded this agreement as follows:

1. General Provisions.

1.1. The employee is hired by Firma LLC at the address: ___________________________________________ for the position _________________________________________________________________.

1.2. The employee is obliged to start work from "____" _______________ 201___.

1.3. The employee is placed on probation for a period of _____ months.

The probationary period does not include a period of temporary disability and other periods when the Employee, with the permission of the Employer, was absent from work for good reasons, as well as absence from work without a good reason (absenteeism).

The Employee who passed the test continues to work without any additional registration.

If the result of the test is unsatisfactory, the Employee is released (dismissed) from work on the basis of the order of the Employer.

1.4. During the probationary period, the Labor Code of the Russian Federation fully applies to the Employee.

1.5. This agreement is concluded for an indefinite period.

1.6. Work at the Employer is the main place of work of the Employee.

2. Obligations of the parties

2.1. The employee undertakes:

2.1.1. Carry out the duties specified in the job description.

2.1.2. Comply with labor, production and financial discipline and conscientiously treat the performance of their official duties specified in clause 2.1.1 of this employment contract.

2.1.3. Obey the rules of the internal labor regulations, including observing the daily routine established in the institution.

2.1.4. Carefully treats the property of the Employer, including the equipment and office equipment in his use, ensure the safety of the documentation entrusted to him.

2.1.5. Do not disclose during the period of work with the Employer, as well as in the next year after the dismissal, data that is a trade secret of the Employer and confidential information obtained in the course of their work.

2.1.6. Carry out in a quality and timely manner the instructions, assignments and instructions of the director of the institution, given by him in accordance with his competence.

2.1.7. Comply with the requirements for labor protection, safety precautions and industrial sanitation.

2.1.8. Contribute to the creation of a favorable industrial and moral climate, development corporate relations in the workforce of the employer.

2.1.9. If you change the information entered in the card (family composition, passport data, address of residence and registration, contact phone number, etc.), inform the Employer within 2 days.

2.2. The employee has the right:

2.2.1. Meet with normative documents Employer, regulating the activities of the Employee.

2.2.2. For the provision of work stipulated by this contract.

2.2.3. To a workplace that meets the conditions state standard and labor safety.

2.2.4. For annual paid holidays (basic and additional) in accordance with the Labor Code of the Russian Federation and the vacation schedule.

2.2.5. On timely and full payment of wages in accordance with their position, qualifications, conditions, complexity of work and quality of work performed.

2.3. The employer undertakes:

2.3.1. Comply with the terms of this employment contract, the requirements and laws governing the work of employees.

2.3.2. Provide the Employee with the conditions necessary for the safe and effective labor equip his workplace in accordance with the rules of labor protection and safety.

2.3.3. Pay wages stipulated by this employment contract and other payments due to the Employee on time.

2.3.4. Provide guarantees and compensations established by the current legislation of the Russian Federation and the Republic of Kazakhstan.

2.3.5. In accordance with the established procedure, make entries in the Employee's work book, store it and issue it to the Employee on the day of dismissal.

2.3.6. Ensure the protection of the personal data of the Employee contained in their personal affairs and other documents from their misuse or loss.

2.4. The employer has the right:

2.4.1. Require conscientious performance from the Employee job duties compliance with internal labor regulations.

2.4.2. Reward him for conscientious and efficient work.

2.4.3. When production needs recall an employee from next vacation with subsequent reimbursement of unused vacation days.

2.4.4. Bring the Employee to disciplinary or financial liability in cases of improper performance of duties and causing material damage employer in accordance with federal laws, laws of the Republic of Kazakhstan and internal labor regulations.

2.4.5. If necessary, carry out vocational training, retraining, advanced training in educational institutions professional higher and additional education at the expense of the employer.

3. Pay

3.1. The employee is set, in accordance with staffing, official salary according to the _________ category of remuneration of the unified tariff scale (UTS) for the remuneration of employees of municipal institutions.

3.2. The employee is paid a bonus in the amount of:

percentage bonus for work in the regions of the Far North and equivalent areas ______%.
regional coefficient to wages _____%.

3.3. Monthly premium in the amount of ______% of the official salary.

3.4. The payment of bonuses, allowances, additional payments and the provision of material assistance is carried out within the wage fund approved for the current year.

3.6. The procedure and conditions for bonuses are established by the "Regulations on material incentives employees of the institution.

4. Mode of work and rest. Grant of vacation

4.1. The employee is set the duration of the working 36 hour week - 5 days with two days off (Saturday and Sunday).

4.2. The time of the beginning and end of the working day, breaks for rest are determined by the rules of the internal labor schedule.

4.3. Engagement of the Employee to work on a weekend and non-working holiday is carried out with the written consent of the Employee on the written order of the Employer with the agreement of another day of rest.

4.4. The employee is annually granted regular leave with the preservation of wages for a duration of 28 calendar days.

Leave for the first year of work is granted after six months of continuous employment with the Employer. In cases provided for by the Internal Labor Regulations, at the request of the Employee, leave may be granted before the expiration of six months of continuous work with the Employer.

Leave for the second and subsequent years of work is provided in accordance with the order in which leaves are granted, according to the vacation schedule approved by the Employer, drawn up taking into account the wishes of employees about the time of the intended vacation.

4.5. Replacement of the next vacation monetary compensation is not allowed, except in cases of dismissal of the Employee who did not use the granted leave.

4.6. The employee is provided additional leave for work in areas equated to areas of the Far North in the amount of 16 calendar days.

At the request of the employee, additional leave may be replaced by monetary compensation.

4.7. Part of the annual paid leave, exceeding 28 calendar days, not used in the current year, may be replaced by monetary compensation upon a written application of the employee in the year following the current year.

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

5. Liability of the parties

5.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this agreement, violation of labor legislation, Internal Labor Regulations, as well as causing material damage to the institution, he shall bear disciplinary, material and other liability in accordance with the current legislation.

6. Grounds for termination of the employment contract

6.1. Termination of this employment contract occurs in accordance with the current labor law, as well as in case of violation by the parties of their obligations.

6.2. The contract may be terminated:

by agreement of the parties;
at the initiative of the Employee, on the grounds provided for (by a written warning to the Employer two weeks before termination);
at the initiative of the Employer, in the following cases:
liquidation of the enterprise;
reduction in the number or staff of employees of the enterprise;
non-compliance of the Employee with the position held or the work performed as a result of:
state of health in accordance with the medical report;
insufficient qualification
repeated non-performance by the Employee without good reasons job duties, if he has disciplinary action;
single gross violation An employee of labor duties;
disclosure by the Employee of a trade secret that became known to him in connection with the performance of his labor duties;
commission of guilty actions by the Employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the Employer;
submission by the Employee to the Employer of false documents or deliberately false information when concluding an employment contract;
on other grounds provided for;
in the event of a change in essential working conditions and (or) violation by the Employer of his obligations under this Agreement;
in other cases stipulated by the legislation of the Russian Federation.

7. Special conditions

7.1. The Employee does not have the right to perform other paid work under an employment contract with another Employer during working hours.

7.2. All materials created with the participation of the Employee on the instructions of the Employer are the property of the Employer and cannot be transferred to other persons without his consent.

7.3. The terms of this Agreement can be changed only by agreement of the parties and must be made in writing.

7.4. The agreement comes into force from the moment of its signing by the parties.

7.5. The contract is made in two copies. The first is kept by the Employer, the second is kept by the Employee. Both copies, signed by both parties and certified by the seal of the Employer, have equal legal force.

7.6. The parties undertake not to disclose the terms of the contract and not to transfer it to third parties, classifying this as disclosure of official secrets.

By entrusting a certain work to a person, the employer invariably enters into labor Relations. This obliges him (the employer) to conclude an employment contract with the hired employee.

The procedure for concluding an employment contract for an employee with an organization or an individual entrepreneur is the same: the contract is concluded in duplicate in writing, it must be signed by both parties. One copy remains with the employer, the other is given to the employee.

Any form of an employment contract with an employee must contain the following items:

mode of work and rest;
place of work;
conditions describing the features of the work;
the date the employee started work;
social guarantees;
conditions and form of remuneration;
position and official duties worker.

If at least one of the above items is missing from the Employment Contract, it can be declared invalid. Legislation may consider the contract valid if, based on its content, it can be concluded that it reflects precisely labor relations. The employer must, in accordance with the requirements of the labor code, make the required changes to the contract. At the same time, it may well be concluded between the employee and the employer additional agreement. It is not necessary to conclude a new (fixed-term) employment contract with an employee.

To be or not to be... A Standard Employment Contract with an employee or a Work Contract - what's the difference?

The legislation provides for the registration of employees not only under an employment contract, but also under a civil law contract or reimbursable services.

The difference lies in the fact that the contract is drawn up for a team of employees or one employee when providing services (only the nature of the services, time and cost are stipulated there). An employment contract is drawn up exclusively for a specific employee and obliges the employer to provide the employee with conditions and a place to work and is concluded for an indefinite period or a period of two months and no more than 5 years. At the same time, when concluding an employment contract, the length of service is accrued, but not when concluding a work contract, because. It only applies to services rendered.

A work contract can be concluded for one day, and the legislation does not prevent work at several enterprises. But the employment contract implies work on a permanent basis.

Keep in mind that under an employment contract you are protected by both civil and labor codes, and under a work contract - only civil.

Take note! Sometimes situations arise when it is necessary to hire a person for a short period of time. In such cases, it is necessary to resort to the conclusion of a temporary employment contract. According to the Labor Code of the Russian Federation (Article 289), temporary workers are citizens hired for a period of up to 2 months.

Step by step: how to draw up an employment contract correctly?

First of all, let's consider necessary documents for registration of an employment contract. Their list is in the Labor Code (Article 65):

passport or other identity document;
work book (except for cases of applying for a job for the first time or part-time);
insurance certificate of state pension insurance (when hiring for the first time, this is done by the employer);
military registration documents (for persons liable for military service);
a document on education, qualifications, specialization (if the job requires special training).

Important! Sometimes (depending on the specifics of the work) additional documents may be required. They are determined by State Laws and Regulations. In all other cases, the employer does not have the right to require the provision of any other documents other than those listed above.

Further the employer must familiarize the newly arrived employee with the internal labor regulations, safety precautions and other available local acts. In the second step, the IP issues an order for employment. After that, he is obliged to acquaint the employee with him against signature within a period not exceeding three days.

From theory to practice, or an example of an employment contract with an employee

Having received at your disposal the form of the Employment Contract, you will see a document of approximately the following type and content.

Employment contract No. 1234-5AB

an employee with a sole trader

Moscow

Individual entrepreneur Last name First name Patronymic, hereinafter referred to as the "Employer", acting on the basis of the Certificate of state registration individual as individual entrepreneur without education legal entity No. 123456789098ХХХ, issued /Name of the Federal Tax Service and date of issue/, on the one hand, and a citizen of the Russian Federation Surname First Name Patronymic, hereinafter referred to as the "Employee", on the other hand, collectively referred to as the "Parties", have concluded this agreement as follows:

1. Rights and obligations of an employee.

1.1. The employee reports directly to the employer.

1.2. The employee has the following job responsibilities:

1.2.1. under the paragraphs, all the duties of the employee should be listed.

1.3. Here, the rights of the employee under the Employment Agreement will be listed in terms of social and labor standards. Namely:

The employee has the right to work in accordance with the relevant employment contract.
A safe workplace that complies with health and safety regulations.
Timely and without delay to receive the wages established by the Employment Agreement.
Be free from work on weekends and public holidays specified in the contract.
To have at its disposal at least 28 calendar days of paid leave annually.

The basis of this section is the Labor Code of the Russian Federation.

2. Rights and obligations of the employer.

A section on the employer's right to expect high-quality work, professionalism, etc. from the employee.

Also, items obliging the employer to pay wages on time, provide vacation and days off. In addition, without fail, the employer must provide the employee with a safe place of work, and if this cannot be done due to the specifics of the work, then prescribe benefits and possible compensation.

3. Work time and rest time.

3.1. The employee is set /number of working days per week/workweek.

Start time /start hours and minutes/, finish /end hours and minutes/, break /break time per hour/.

Days off Saturday, Sunday (or other days set by the employer).

3.2. The employee is granted annual paid leave of 28 calendar days. Annual paid leave is granted in accordance with the current labor legislation.

3.3. An employee may be granted unpaid leave in accordance with the current labor legislation.

4. Terms of remuneration.

4.1. Wage The employee consists of an official salary in the amount of /15,000 (fifteen thousand) / rubles per month and an additional monthly bonus.

4.2. And other points devoted to the fact that in the conscientious performance of duties, the employee is entitled to bonuses. Also, when combining work of different directions, work outside of working hours imposes additional surcharges on the employer.

4.3. Wages are paid twice a month: advance - no later than / date / day of the month, and the remaining part no later than / date / day of the month.

Important! Work in holidays and days off, established by the contract, are paid in double size.

5. Responsibility of the parties.

It is worth knowing here that in case of material harm caused by an employee to an employer, the offender bears disciplinary and liability. Also, the employee is responsible for untimely or poorly performed work.

The employer is also liable (material and disciplinary) in accordance with the legislation of the Russian Federation.

6. Termination of the employment contract.

It is worth noting that the Employment Contract can be terminated both at the initiative of the employer and at the request of the employee.

In particular, the employer has the right to terminate the employment relationship with the employee if the employee fails to fulfill his duties.

The employee may terminate the relationship due to significant changes in the Employment contract, when transferring to work for another employer, due to the state of health, etc.

7. Final provisions.

This section informs that the Employment Agreement is made in duplicate, each of them has the same legal force. Also, according to the Labor Code of the Russian Federation Art. 306, amendments to the Employment Contract can only be made if the previous conditions cannot be maintained due to changes in organizational or technological conditions labor.

The employer is obliged to notify the employee in writing about changes in the Employment Contract 14 calendar days in advance.

8. Addresses and signatures of the parties.

Employer:

Full Name

passport: series 0000, No. 123456,

issued /data according to the passport/, registered at: /data according to the passport/

TIN: 12345678909XXX

(signature)

Worker:

Full Name

passport: series 0000, No. 654321,

issued /data according to the passport/, registered at: /data according to the passport/

I have accepted a copy of the employment contract.

______________________________

(signature)

A sample of a completed form of an employment contract with an employee.

Let's put everything on the shelves, or how to remember it all?

Remember that an employment contract must always be concluded for any job, otherwise it will be quite difficult to prove that you worked in a particular place.

The employment contract is concluded from the first day of work. Required Items The employment contract includes: the conditions and place of work and the form of payment, the rights and obligations of both parties and the procedure for terminating the employment contract.

An employment contract may be concluded for an indefinite period, but not less than two months and not more than 5 years. In other cases, an employment contract is concluded with a temporary worker.

The form of the Employment contract must contain the following details (Article 57 of the Labor Code of the Russian Federation):

Full name and passport details of the employee;
FULL NAME, An identification number Taxpayer (TIN) of the employer (in our case, an individual entrepreneur) and his passport data;
data on the representative who signed the contract (if there is a power of attorney);
place and date of conclusion of the Labor contract;
place and date of commencement of work;
position, profession, specialty or specific working conditions;
rights and obligations of the employee and the employer;
stipulated compensation, benefits or fines (in the case of dangerous or hard work);
mode of work and rest;
form of remuneration;
social insurance (its types and conditions).

When concluding an Employment contract, one copy of it is issued to the employee.

The text of the employment contract cannot be changed by the employer without the knowledge of the employee. If changes do occur, then the employee must be warned in writing (!) At least 15 days in advance.

Good luck with your hiring! Remember that if you have an Employment contract, your protection will always be Civil and Labor codes!

Did the article help? Subscribe to our communities.