For micro-enterprises and individual entrepreneurs, a standard form of an employment contract has been approved. If you conclude such an agreement with an employee, then the internal regulations, wage regulations and other local acts are no longer needed. Download the 2019 Microenterprise Employment Contract Form and sample.
Standard form of employment contract for micro-enterprises 2019: who is entitled to apply
According to Article 309.2 of the Labor Code of the Russian Federation, employers - small businesses - micro-enterprises have the right to completely or partially refuse to adopt local regulations containing labor law norms (internal labor regulations, regulation on remuneration, provision on bonuses, and others). In case of refusal from the acts, microenterprises are obliged to include in the employment contracts the conditions that, in accordance with the Labor Code of the Russian Federation, are prescribed in the acts.
The standard form of an employment contract for micro-enterprises was approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858. Let us recall which enterprises are micro-enterprises and have the right to apply the standard form of the contract.
microenterprise - this is a small business enterprise (IP, peasant farms, LLC) that meet certain criteria (see table).
| Criteria | IP | OOO |
|---|---|---|
| Average number of employees for the previous calendar year, persons | ≤15 | ≤15 |
| Income for the last calendar year without VAT, million rubles | ≤ 120 | ≤ 120 |
| Total share of participation in the charter capital of companies of constituent entities of the Russian Federation, municipalities, public and religious organizations and foundations, % | - | ≤ 25 |
| The total share of participation of other organizations that are not subjects of small or medium-sized businesses, as well as foreign organizations, % | - | ≤ 49 |
Employment contract for micro-enterprises from 2019: sample filling
The standard form of an employment contract for micro-enterprises for 2019 was approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858. It includes standard provisions, rights and obligations of an employee and an employer, conditions for remuneration of an employee, working hours and rest, labor protection, social insurance, etc. d.
The 17-page model employment contract form for micro-enterprises includes 11 sections:
- General provisions;
- The rights and obligations of the employee;
- Rights and obligations of the employer;
- employee wages;
- Working hours and rest time of the employee;
- Occupational Safety and Health;
- Social insurance and other guarantees;
- Other terms of the employment contract;
- Changing the terms of the employment contract;
- Responsibility of the Parties to the employment contract;
- Final provisions.
It is possible to exclude clauses from the model labor contract, the filling of which is not provided for due to the nature of the work, as well as the clauses indicated in the notes to the model contract. The Ministry of Labor announced this in a letter dated June 30, 2017 No. 14-1 / B-591.
The UNP summarized the jurisprudence on disputes when employees accuse employers of arbitrarily changing clauses of an employment contract. Arguments - in the review.
Recall that when concluding employment contracts, it is necessary to take into account changes in labor legislation that came into force on January 1, 2019.
How can a micro-enterprise switch to a standard employment contract from 2019
If the company decided to switch to standard contracts, the algorithm is as follows.
Step 1. Determine which local acts are no longer needed . Make a list of acts that are no longer required (see list below). The Labor Code names some of the acts that can be canceled: internal labor regulations, provisions on wages and bonuses, shift schedule (Article 309.2 of the Labor Code of the Russian Federation).
Vacation schedules can also be cancelled. But it follows from the standard form that instead of a schedule, it is necessary to draw up a written agreement with employees in which to determine vacation days. The labor inspectors we interviewed advise that such agreements be drawn up annually, at the same time as the vacation schedule. That is, no later than two weeks before the new year.
What local acts can be canceled
- Labor internal regulations.
- Rules and instructions for labor protection.
- Regulations on wages and bonuses.
- Regulations on irregular working hours.
- Travel regulations.
- Job instructions.
- Shift schedules.
- Holiday schedule (conclude written agreements instead of a schedule)
It is important to know:
If a company or individual entrepreneur has lost the status of micro-organizations and at the same time they already have an order to refuse local documents, they will have to re-enter these papers. You need to succeed within four months from the date of removal from the register of small and medium-sized businesses. The register can be found on the FTS website.
Step 2. Issue an order to cancel local acts . You can opt out of part or all of the acts. In order not to get confused about which provisions you canceled and from what date, draw up an order in free form and sign it with the head (see sample).
In the order, instruct the employee who is responsible for personnel records to sign agreements with employees to employment contracts.
Step 3. Change existing employment contracts . Due to the transition to standard templates, labor relations are not interrupted, so the company does not have the right to terminate the old contract and enter into a new one.
With all employees, conclude additional agreements to existing employment contracts to include all the conditions from the standard form. To do this, you can write in the agreement: "Employment contract No. 1 dated February 10, 2017 to be amended from February 1, 2019," and then rewrite all the clauses from the standard contract and fill in the missing information - salary, schedule, place of work and other mandatory information.
Pros and cons of a model employment contract for micro-enterprises
| pros | Minuses |
|---|---|
|
No need to develop your own forms of employment contract. The standard form already has all the necessary conditions. This means that labor inspectors will have no complaints about the content of the contract. The company will draw up fewer documents, as part of the local acts can be canceled. If you fill out standard contracts, there is less risk that labor inspectors will be fined for the absence of mandatory acts or for errors in them. The company will no longer need to acquaint employees with each document separately, all the rules will be in a standard contract. |
When changing any terms of a standard contract, additional agreements must be signed with employees. The employer has the right to change local acts himself, it is enough to issue an order and familiarize employees with it. If the employee leaves, the standard contract must be completed - enter the date and reason for the dismissal. Labor inspectors believe that it is not necessary to demand a copy from an employee. It is enough to make a copy from the last page and give it to the employee for signature. If the company loses its micro status, all local acts must be issued within four months (Article 309.1 of the Labor Code of the Russian Federation). |
If you decide to take employees into your business team, you will need an employment contract. It, like an airbag, will protect you from many controversial situations and will allow you to avoid problems with the law. There have never been clear requirements for filling out the document, except for the presence of mandatory details. So it is in 2020, but something has changed - businessmen whose firms fall into the rank of micro-enterprises will be able to use a standard form specially developed for an individual entrepreneur employment contract with an employee. For what? To abandon the numerous personnel documentation that it replaces. The article answers the question of how to draw up a regular contract and a standard one.
Can IP enter into TD
The labor code states that both legal entities and individuals can join the number of employers. The latter are subdivided:
- For individuals with the status of an individual entrepreneur;
- For individuals without status, concluding contracts with other people who will serve them or perform any work.
According to the labor legislation, individual entrepreneurs can conclude an employment contract with individual entrepreneurs. Such a document is drawn up in the standard manner, but in the header of the agreement it should be indicated that both parties have the status of an individual entrepreneur and the details of the relevant certificates.
Model contract 2020: download the form
From 2020, all individual entrepreneurs and organizations that fall under the concept of a micro-enterprise will be able to apply a standard form of an employment contract. Developed for a new employment contract between an individual entrepreneur and an employee, a sample of a standard form has a more capacious content, 99% corresponding to all legislative norms. And it replaces a whole list of regulations, which now some employers will be able to refuse:
- Regulation on payment;
- Labor regulations;
- Labor protection instructions;
- job descriptions;
- Shift schedule.
Innovation is voluntary. That is, micro-enterprises are not required to use this particular form of an employment contract, and large enterprises are not required to use it. If an individual entrepreneur who does not fall under the micro-enterprise decides to apply the model contract, he has the right to do so. But he cannot refuse personnel documentation.
It is so established that if an individual entrepreneur does not know something, he goes to the website of the Federal Tax Service. And the attitude of the firm towards micro-enterprises is no exception. To check which type of enterprise yours belongs to, use the section "Unified register of small and medium-sized businesses".
Your enterprise could be included in the "Micro" list if it meets the following requirements:
If everything coincided, and you decided to apply a standard contract, be aware that it can be changed. It is not necessary to complete all sections. For example, if working conditions do not correlate with remote work, then the paragraph about it can simply be excluded.
Types of TD
The entrepreneur has the right to conclude any of the existing contracts with the employee. There are 3 in total.
1. Perpetual
It involves the employment of an individual on a permanent basis, therefore it does not have an expiration date. Typically, this type of document contains social guarantees provided by the employer and the obligations of the employee.
2. Urgent
Employers conclude this type of contract for one purpose - to dismiss the employee immediately after the expiration of its validity. The latter they appoint at their own discretion and indicate in the document. It can be an annual contract or even a monthly one. The maximum period provided by law is 5 years. After the contract must either be extended or terminated.
According to the code of the Russian Federation enterprises cannot enter into a fixed-term employment contract unreasonably, it can be applied only if the IP accepts the employee on the following conditions:
- To perform urgent and seasonal work;
- To temporarily replace an employee on maternity leave on sick leave;
- For the period of vocational training or internship of the employee.
And also if the employer employs a pensioner (by restrictions or age), or if a person goes to work for an entrepreneur who employs less than 35 people. The last paragraph of the IP can be used as the basis for drawing up a fixed-term contract with each employee.
It is necessary to warn the employee about the end of employment 3 days before the end of the contract. If it came to an end, and neither of the parties wanted to terminate the relationship, the contract is recognized as valid for an indefinite period.
3. Civil law
This is a contract concluded for one-time work. It does not provide social guarantees, does not provide for insurance of employees, and according to it, an individual entrepreneur is not obliged to provide a tool and a workplace. The employee is employed temporarily.
Filling in the TD: sample and form
In order for the employment contract concluded between you and the employee to have legal force, you must specify all the mandatory information in it:
- Information about the employee: full name and from the passport;
- Information about the employer: full name, from the passport and TIN;
- date of conclusion;
- Start and end of the action (if necessary);
- Rights/obligations of the parties to the agreement;
- Job title;
- Place of work;
- Working conditions and the availability of compensation for hard (dangerous, harmful) work;
- The salary for which the individual entrepreneur will pay wages;
- Conditions for the payment of allowances, bonuses;
- Mode of work and rest;
- Social guarantees;
- Types and conditions of insurance.
The document must be drawn up and signed in two copies.- one will remain with the employer, the second is intended for the employee. In the place of signatures, you must indicate all the data about the individual entrepreneur and the hired individual according to the passport.
In addition to the basic information, you can enter additional information, make changes, adjustments. What to add, the businessman has the right to determine himself. Sample list of additional items:
- On non-disclosure of official, commercial, other secrets;
- On the mandatory working off of the funds spent by the employer on employee training;
- On the conditions and types of additional insurance;
- Improving the living conditions of the employee and his family.
In order not to spend a lot of time on the design of each employee, the easiest way is to create a ready-made template that meets your requirements and print it as needed.
List of required documents
When applying, a future employee must provide you with a certain package of documents:
- Passport;
- SNILS (insurance card);
- Military ID (if he is a man of military age);
- Documents confirming qualifications;
- Labor book.
If your enterprise has become the first place of work for an employee, you must provide him with a work book, SNILS. And if you employ a minor, you must ask him for written permission from one of the parents or other official representative.
By mutual agreement of the parties, an employee can work even before the conclusion of an employment contract, but according to Art. 67 of the Labor Code, a businessman is obliged to issue it on all points of the law within three days after the start of employment.
Registration of an employee in funds
After signing the contract, draw up and sign an order to hire an employee and collect a package of papers for registration with the Pension Fund and the FSS in order to register as an insurer-employer. As soon as you moved into the category of employers, the countdown began 10 days for mandatory registration with the FSS and 30 days for the Pension Fund.
If you decide not to register yourself with the PF and the FSS as an employer, you will be fined. For filing documents with a delay of 90 days or more, you will be required to pay 10,000 rubles, less than 90 days - 5,000 rubles.
Any employer, including individual entrepreneurs, must pay contributions for each of their employees. The list for payment includes the following payments:
- for pension insurance;
- for health insurance;
- For social security.
Plus, a businessman who earns by doing business and employing a staff is a tax agent and must pay personal income tax. The amount of tax for employees is calculated from the total amount of all deductions in their favor. This includes wages, allowances, bonuses, and some types of financial assistance.
Income tax is paid on all individual entrepreneurs. On the general taxation regime, it is mandatory and amounts to 13% of deductions in favor of individuals, but on the simplified tax system, PSN and UTII, you can not pay it.
Download the employment contract form 2016. Download the form of an employment contract for an individual entrepreneur with an employee in 2016. Download the form of an employment contract with a trial period of 2016. View a sample of filling out employment contracts.
An employment contract is a legal agreement between an employer and an employee. The only document on the basis of which labor law comes into force is its basic norms.
Types of employment contracts
Employment contracts may be concluded:
- for a certain period (no more than five years) or for the performance of a certain work (urgent)
- for an indefinite period (indefinite - the same as being hired for a permanent job)
As a general rule, an employment contract must be concluded for an indefinite period. The contract is considered to be:
- if it does not specify the duration of its validity
- if at the end of the term of the fixed-term contract it was not terminated, and the employee continues to work
- if a fixed-term contract is concluded without sufficient grounds.
A fixed-term employment contract is concluded when the assigned labor activity is short-term (seasonal, for example), or such a contract cannot be concluded for an indefinite period. Such cases are provided for by law.
A fixed-term employment contract can be issued:
- when someone is accepted in place of a temporarily absent employee for whom the place is kept
- for seasonal work
- when work is supposed to be in the regions of the Far North and equated to them, if this is associated with a move
- to prevent or eliminate the consequences of catastrophes, epidemics and the like; if the employee gets a job in a small business organization (up to 40 people), retail trade, personal services (up to 25 people) or an individual
- to work abroad; for the implementation of temporary, unusual work for this enterprise (commissioning, installation of equipment, expansion of production, etc.)
- with pensioners, as well as people who, for health reasons, are supposed to work temporarily
- with a referral to temporary work (including public) from the employment service
- some other cases
What documents should a new employee present when applying for a job?
When applying for a job, a person must present certain documents to an employee of the personnel department. Here is their list:
- passport or another identity document. For example, a birth certificate for persons under the age of 14, a foreign passport for Russian citizens permanently residing outside its territory
- work book (except for part-time workers and first-time employees)
- insurance certificate of state pension insurance (except for first-time employees)
- military records. For those liable for military service who are in reserve, - a military ID or a temporary certificate issued instead of a military ID, and for conscripts - a certificate of a citizen subject to conscription for military service (clause 18 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719)
- a document on education, qualifications or the availability of special knowledge (if the job requires special knowledge or special training)
- certificate of the presence (absence) of a criminal record or criminal prosecution (if the work is related to activities to which persons who have or had a criminal record are not allowed, for example, teaching activities) (Article 331 of the Labor Code of the Russian Federation)
This is stated in article 65 of the Labor Code of the Russian Federation.
It is possible to demand documents that are not on this list only in cases provided for by law. For example, if a company hires an employee with harmful or dangerous working conditions, he must submit an appropriate conclusion based on the results of a preliminary medical examination, signed by a doctor and certified by the seal of a medical institution (Article 213 of the Labor Code of the Russian Federation).
In practice, the question often arises: is it possible to hire a Russian citizen who does not have registration at the place of residence and a certificate of assignment of a TIN? Yes, you can. Lack of residence registration is an obstacle to hiring an employee. Moreover, it is forbidden to refuse an applicant on this basis (part 2 of article 64 of the Labor Code of the Russian Federation). This point of view is confirmed in paragraph 11 of the decision of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.
The certificate of assignment of an individual tax number (TIN) is not mentioned in Article 65 of the Labor Code of the Russian Federation as a document required when applying for a job. Therefore, as a general rule, it is not necessary to demand it from an employee. However, in some cases, the presentation by an employee of the TIN is a prerequisite for his employment. For example, such a requirement applies to the conclusion of a service contract with a civil servant (Article 28 of the Labor Code of the Russian Federation, clause 6, part 2, article 26 of the law of July 27, 2004 No. 79-FZ).
Another important question: is it possible to refuse to hire a citizen who does not have an insurance pension certificate?
No you can not. When hiring, a citizen must present an insurance pension certificate (paragraph 4, part 1, article 65 of the Labor Code of the Russian Federation). However, there may not be a certificate if a citizen goes to work for the first time or if he has lost this document.
In the first case, the company is obliged to independently issue an insurance pension certificate to a new employee.
In the second case, the citizen had to independently apply for the restoration of the certificate due to its loss to the branch of the Pension Fund of the Russian Federation at the place of residence. Within a month from the date of filing such an application, he must issue a duplicate of the insurance certificate of the insured person. Such a procedure for restoring an insurance pension certificate is indicated in paragraphs 5, 6 of Article 7 of the Law of April 1, 1996 No. 27-FZ and paragraph 22 of the Instruction approved by the Resolution of the Board of the Pension Fund of the Russian Federation of July 31, 2006 No. 192p.
If a citizen did not apply with the specified application to the Pension Fund branch, the organization can hire him and independently issue him a duplicate of the lost certificate (clause 5, article 7 of the law dated April 1, 1996 No. 27-FZ).
Documents submitted by a newly hired person should be copied and stored, for example, in the employee's personal file. There may also be a work book, an employment contract, an order for employment and all subsequent orders relating to an employee.
What documents should the HR department issue for a new employee?
When applying for a job:
- the employee usually writes a statement
- the employee and the administration of the company conclude an employment contract
- the head of the company issues a job order
In addition, before concluding an employment contract, the employee must be familiarized (under signature) with the Labor Regulations (how to draw up this document, see page 106) and other internal documents regulating labor activity. In particular, these are:
- job description
- safety instructions
To familiarize the employee with these documents, they fill out a sheet of familiarization with local acts.
In addition, a personal card is issued for a newly hired employee in the form No. T-2.
If an employee gets a job for the first time, the company must issue him a work book and issue an insurance pension certificate (part 4 of article 65 of the Labor Code of the Russian Federation).
Employment contract with employees for 2016
An employment contract is the main document that confirms the existence of an employment relationship between an employee and a company. In case of disputes, each of the parties has the right to refer to the conditions that the parties have agreed in the employment contract.
When hiring a new employee for a permanent job, in his employment contract, indicate the specific amount of salary (tariff rate) in rubles. It is not advisable to write down the phrase “the employee’s salary is set according to the staff list” in the employment contract.
The fact is that if you make such a reference in the employment contract to the staffing table, it will become an integral part of this employment contract. In such a situation, each time you will have to acquaint the employee under signature with the staffing table and with all the changes in it.
In addition, difficulties may arise with the execution of an order for hiring an employee, since the lines of form No. T-1 “with a tariff rate (salary)”, “surcharge” are designed specifically for writing in numbers. The same applies to filling out Form No. T-1a.
An important nuance: an employment contract is also one of the documents that confirms the validity of labor costs. And not only salaries, but also other payments to the employee, which, according to Article 255 of the Tax Code of the Russian Federation, must be provided for in the employment contract so that their amount can be taken into account when calculating income tax.
Document Form
The conclusion of an employment contract in writing is mandatory (part 1 of article 67 of the Labor Code of the Russian Federation). The contract must be drawn up in two copies. After signing, one copy of the employment contract is transferred to the employee, the other remains with the employer.
The content of the employment contract conditions of imprisonment
They can be divided into essential and optional.
- Essential - mandatory conditions, in the absence of which the employment contract will not be considered concluded, and labor relations will not arise
- Optional - additional, the presence or absence of which does not affect the conclusion of the contract; these special conditions are included in the employment contract if necessary, desired and agreed by the parties
A sample standard employment contract must contain:
- Place of future work (name of organization; if the employee is admitted to a structural unit, then his name and address)
- Date of commencement of labor activity (usually this is the date specified in the contract; if the employee began his duties at the request of the employer ahead of the agreed date, the actual date of commencement of labor activity is put in the contract)
- Job functions of the employee, according to his specialization, profession in accordance with the staffing of the enterprise. If there is no such position in the qualification directories, the organization has the right to enter it and describe it in detail; but here it is necessary to take into account that the prescribed benefits or restrictions on specialties and professions are associated with the titles of positions that are in the qualification directory of the Russian Federation
- Rights and obligations of the parties. It is more expedient to paint them specifically - with regards to the position of the employee and his labor functions in the organization
- Working conditions: this refers to heavy, dangerous or hazardous work. This paragraph sets out the required benefits and compensations. Also, for employees of special categories (under 18 years old, nursing mothers and others), an individual contract is drawn up with a simplified work and rest regime.
- Salary. Here, in addition to the salary, allowances, surcharges, bonuses, etc. are stipulated - all this is established in accordance with the current legislation and the internal charter of the organization
- If the organization insures its employees, the types (medical, pension) and the conditions of this insurance related to the employee’s labor activity are indicated separately
In addition to the mandatory ones, additional clauses can be included in the employment contract, for example, on a probationary period, non-disclosure of any information, additional incentives for any labor achievements, etc. The main condition is that these additions do not in any way worsen the employee’s position regarding labor code.
Employment contracts are drawn up in two copies, signed by both parties.
Numbering of employment contracts
In practice, the question often arises: is it necessary to number employment contracts? The legislation does not provide a clear answer to this question.
Mandatory information that an employment contract must contain is listed in Article 57 of the Labor Code of the Russian Federation. An employment contract concluded with an athlete, coach, must additionally contain the mandatory conditions listed in Article 348.2 of the Labor Code of the Russian Federation. The number of the employment contract is not among the mandatory information.
At the same time, some unified forms of documents for accounting for labor and its payment provide for the numbering of employment contracts (for example, form No. T-1, approved by Resolution No. 1 of the State Statistics Committee of Russia dated January 5, 2004). Therefore, in order to correctly fill out the documents, it is advisable to assign numbers (number) to employment contracts.
The procedure for such numbering is not regulated by law. Therefore, the organization has the right to develop it independently. In practice, a system is used in which the number of the employment contract consists of its own contract number and numbers indicating the month (year) of its conclusion (for example, an employment contract concluded in March 2011 is assigned the number 16/03, where 16 is the serial number of the contract, 03 - month of conclusion of the contract). Such explanations are given in the letter of Rostrud dated August 9, 2007 No. 3045-6-0.
Sample employment contract for employment in 2016
Sample employment contract for an individual entrepreneur with an employee
Sample employment contract with trial period
Form of employment contract for employment in 2016
The form of the employment contract of the individual entrepreneur with the employee
Probationary employment contract form
The model employment contract for microenterprises is a special form of employment contract approved at the government level. In the article we will talk about the features of such an employment contract: what it is, which companies are allowed to conclude them, how to fill it out, what are the advantages and disadvantages, and whether this will really help reduce the burden on SMEs - administrative and documentary.
Since 01/01/2017, a standard form of an employment contract with an employee of a microenterprise has appeared in Russia. Its form and registration procedure were approved by Government Decree No. 858 of August 27, 2016. This standard form is noteworthy, first of all, in that micro-enterprises can replace all personnel documents with it. This is provided for by the norms of the Federal Law of July 3, 2016 No. 348-FZ. There is no need to write orders for hiring and firing, you can not develop various forms for personnel, but replace them with just one form of an employment contract developed by officials. How convenient is it?
Micro-enterprises and other employers: who is allowed to use the model form of an employment contract with an employee
Initially, the 2020 Model Employment Contract was intended for micro-enterprises. Organizations and entrepreneurs who employ no more than 15 people, and last year's income amount to no more than 120 million rubles, have this status. All micro-enterprises that decide to apply the standard form are exempt from other personnel documents. In particular, they may not be:
- inner order rules;
- position on wages;
- bonus provision;
- hiring and firing orders.
All the necessary criteria, rules and other conditions can be specified directly in the employment contract with the employee. In order to introduce such a procedure for personnel workflow in an organization, it is enough to simply record the use of a standard form in the order. But are other organizations that do not fall into the micro category allowed to use this form? Of course yes.
Moreover, the standard form will save them from possible fines under article 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for liability for "avoidance of registration or improper execution of an employment contract or the conclusion of a civil law contract that actually regulates labor relations between an employee and an employer." But the standard form includes all the necessary conditions. article 57 of the Labor Code of the Russian Federation, which regulates the requirements for employment contracts between employers and their employees. There is only one important "but": this document does not exempt anyone, except for micro-enterprises, from the obligation to draw up all the rest of the personnel documentation.
Mandatory provisions of an indefinite employment contract
According to article 57 of the Labor Code of the Russian Federation, they are:
- details of the employer and full name employee;
- TIN of the employer and passport data of the employee;
- indication of the place of conclusion of the contract and the date, place of work;
- information about what specific work is to be performed (title of the position (profession) and job responsibilities);
- when to start work;
- the amount and terms of payment of wages (indicating specific dates and places of payment);
- mode of work and rest;
- information about social insurance;
- information on working conditions based on the results of a special assessment;
- additional conditions, if necessary (if working conditions are recognized as harmful or dangerous, appropriate compensation should be prescribed, if the nature of the work is specific, indicate which one).
What should not be included in an employment contract:
- You can not conclude a fixed-term contract without good reason.
- It is impossible to combine the main job and part-time work in one contract (such part-time work is not prohibited, but there must be 2 different contracts for this).
- It is impossible to establish a working regime that violates the provisions of the Labor Code (for example, to oblige a minor to work 40 hours a week).
- It is impossible to include a condition on the payment of wages below the minimum wage (or not to take into account the "northern allowances").
- You can not specify only one date per month in the conditions of payment of wages.
A sample of a standard employment contract with an employee 2020 and the procedure for filling it out
The full form of a standard contract between an employer and an employee includes many different situations and wordings. But the organization has a great opportunity to leave in the form only the information that is necessary to work with a particular employee. Everything superfluous can be simply removed. This standard employment contract is unique in that the officials provided for the correct wording in it, in accordance with the norms of the Labor Code of the Russian Federation for all possible situations. It even has sections that deal with telecommuting and home-based workers. The only thing that is not provided for by this document is the employment of foreign citizens. In fact, legislators have placed many types of employment contracts in one form.
So, the decision to apply the standard form has been made and now it must be filled out correctly. Let's take a closer look at this procedure, and then you can download a sample employment contract 2020 for free. The approved standard form contains as many as 38 points, combined into 11 chapters. We have already figured out above that in each specific case only some of them will be needed, let's talk about filling out the most important parts of the standard form applicable to most employees.
For example, consider how a micro-enterprise should draft employment contracts in 2020: the sample will show an agreement with a sales manager. The step-by-step instruction that we ended up with looks like this:
Step 1. The General Provisions section is mandatory in all cases. It should indicate the full name of the employer and his address, last name, first name, patronymic and position of the future employee.
In addition, if necessary, the period of probation established for a new specialist and the nature of his work are also indicated here: main or part-time. In the same chapter, you should indicate the period for which the employment contract is concluded, if it is urgent. Such information is optional and is filled in if necessary. It is also necessary to immediately indicate from what moment the employee starts work, and note where his workplace is located, or note the traveling nature of the work. For example, in our case, the sales manager travels around the city to conclude purchase and sale transactions with customers. If the job does not have any features, you can also indicate that "the employee does not have a special nature of work."
When hiring a home worker, you will need to complete sections 9.1 or 9.2 in the General Provisions section. They provide a list of equipment used by such an employee, and the procedure and terms for providing him with the necessary materials for work (if he needs them). You can provide for the payment of compensation for the use of personal property for official purposes and indicate its amount and terms of payment. In the case of remote employees, it is very important to specify the length of work and rest time.
Step 2 The section "Rights and obligations of the employee" specifies what work functions the new specialist performs. Usually this part of the form remains with standard conditions, but at the end of each subsection, the employer can indicate the features.
Step 3 Section "Rights and obligations of the employer". Similarly, with the second section, you can leave all the points proposed by the officials, and also, if necessary, add your own. For example, indicate what tools and equipment the employee is provided with.
Step 4 Section "Employee Compensation". This is a very important part of the document and it is necessary to pay special attention to it if the organization has refused to accept the regulation on remuneration. Here it is necessary to prescribe in detail what the salary consists of. A standard employment contract provides for several types of payments, next to each of which it is necessary to indicate the amount:
- official salary;
- compensation payments (for work in hazardous conditions, use of personal transport, etc.);
- incentive payments (bonuses and incentives);
- other payments.
In addition to the amount, you must specify the conditions for receipt and frequency. Also, the employment contract specifies the specific terms of payment of wages and ways to receive it.
Step 5 Section "Working time and rest time of the employee". Here indicate the length of the working day, rest time, weekends and holidays. Only fill in the lines that are required.
Step 6 Section "Labor protection". Here you should indicate the working conditions established for the employee, and note the mandatory passing and frequency of the medical examination. If the employee is required to use personal protective equipment, indicate which ones.
Step 7 Section "Social insurance and other guarantees". The section is filled out when paying the employee for training, a voluntary medical insurance policy, compensation for the cost of renting housing, vouchers to a sanatorium and other social guarantees.
Step 8 The section "Other conditions of the employment contract" is very short. Most often, its completion is required when hiring homeworkers or when concluding an agreement with an individual entrepreneur. It prescribes the grounds for terminating the relationship between the employee and the employer, other than those provided Labor Code of the Russian Federation.
Step 9 The section “Changing the terms of an employment contract” usually contains general information that it is necessary to change the terms only by agreement of the parties. Most often, nothing needs to be changed or supplemented in it.
Step 10 The section "Responsibility of the parties to the employment contract" contains standard conditions suitable for most cases.
Step 11 Section 11 "Final Provisions". Here the employee signs all the rules and regulations with which he is familiar. These include the collective agreement (if any), job responsibilities, primary briefing on labor protection and civil defense, various instructions and regulations. At the end, the full data of the employer and employee must be indicated and the signatures of both parties to the contract must be signed. The employee must sign that he is familiar with the entire text of the contract and has received its second copy.
We talked about how to conclude an employment contract with an employee: sample 2020 shows all the stages of working on a document step by step. A unified employment contract (form) will optimize the work of the personnel department not only in micro-enterprises, but also in other organizations. The main thing is to keep track of all changes in legislation in time and make the necessary adjustments to the document as needed when hiring new employees. A sample employment contract with an employee 2020 can help in the work (variants of contracts with different specialists were prepared by CPT experts).
article 5.27 of the Code of Administrative Offenses of the Russian Federation, for violations in the field of labor relations, the amounts of fines are:- for the head of the enterprise - 10,000-20,000 rubles;
- for a legal entity - 50,000-100,000 rubles;
- for individual entrepreneurs - 5000-10 000 rubles.
An employment contract with an employee serves as the main legal document reflecting the service relationship between the employer and the employee. It is signed by both parties, it contains all the conditions relating to the nature and terms of the employment relationship, the rights and obligations of the parties.
The Constitution of the Russian Federation guarantees every citizen the right to choose a profession and field of activity (Article 37). The employer is obliged to provide conditions that meet hygiene and safety standards. The employee has the right without delay and in full to receive payment for his work.
Important! An employment contract comprehensively protects the interests of the parties, it becomes a guarantee of compliance with the legality of the legal relationship "employer-employee".
It installs:
- the nature of the emergence, development, termination of labor relations;
- duration of the employment relationship;
- rights and obligations of each of the parties;
- the obligation of the employer to ensure working conditions that comply with the provisions of labor legislation, to pay wages in a timely manner.
- the duty of a hired citizen to conscientiously fulfill his duties, observe discipline and the internal regulations of the enterprise.
Attention! The employment agreement is drawn up on the basis of the Labor Code, all clauses must comply with the articles of the latter. This is necessary in order to interpret the situation on the basis of the Labor Code in conflict and contentious situations.
After the conclusion of an employment contract, the parties are obliged to comply with the terms of the agreement, according to which they have rights and obligations.
Types of contracts
The agreement is most often signed for an indefinite period of time: this is a regular employment contract, which is most preferable, as it best protects the interests of the employee.
It is concluded with a full guarantee of all the rights of a citizen, in accordance with the Labor Code.
In some cases, a time frame for labor relations is established, it depends on the conditions prescribed in Part 1 of Art. 59 of the Labor Code of the Russian Federation. At the same time, a fixed-term contract is signed for a period of less than 5 years (fixed-term or contract).
Such a document does not fully guarantee the legal protection of employees. The employee does not have the right to terminate such an agreement on his own initiative, this is allowed only in case of illness, disability or for some other reason.
In addition, the employer reserves the possibility of extending the contract after its completion, that is, the employment relationship can be resumed only at his request.
Unscrupulous employers sometimes use this factor to put pressure on an employee.
Important! Therefore, the law establishes that a fixed-term contract can only be concluded if it is not possible to sign an open-ended one, depending on the nature of the work, working conditions or the interests of the employee.
If, after its completion, a person continues to work at the same place, the fixed-term contract turns into an open-ended contract, that is, it is extended for an indefinite period.
Term contracts can be:
- Precisely agreed on the term (for example, for an elected position for a certain period).
- For a relatively precise period (if the organization is organized to perform certain functions).
- Urgent (for example, to temporarily replace an absent employee).
By the nature of the relationship:
- concluded at the main place of work (TD-1);
- to combine positions (it is allowed in free time from the main job at the same enterprise, or at another.);
- short-term;
- for seasonal work
- home work.
The following employers may enter into agreements:
- legal entities and individual entrepreneurs;
- individuals without registration as an individual entrepreneur.
Classification of agreements on working conditions:
- normal (standard) conditions;
- shift work, with night shifts;
- work in hazardous production;
- work in the Far North or in areas equivalent to it.
By scope of work:
- at the main place of work: full-time work at a full rate with the storage of a work book at this enterprise;
- part-time: in free time from the main activity.
Forms of employment contracts
There are established forms of drawing up an employment contract. It should be issued in writing, in two copies: one for each side. Each of them must be signed by the employer and employee.
The employer keeps the document in the employee's personal file, the employee signs the completed sample, which remains with the employer, as proof that he was given the second copy of the agreement.
If a citizen has not reached the age of 14, then the document is signed by his legal representative. Only reliable information about the parties or their representatives should be entered in the text.
Attention! Sometimes it is possible to start work without signing a written document, by verbal agreement. The contract is still considered concluded, but it is required to issue it on paper within three days.
If the employer is an individual who is not registered as an individual entrepreneur, then when concluding an agreement, he is obliged to notify the local authorities about this (Article 303 of the Labor Code). But the law does not provide for any sanctions for violation of this rule.
Download the employment contract form
Forms of employment agreements can be downloaded from our website. For example, an employment contract with an employee, sample 2018, can be downloaded for free below.
The samples that are given here are considered typical, that is, they meet all the basic standard requirements for the preparation of this document.
There are no uniform forms provided by law, so the employer can choose any form that suits him best.
Standard contract:
Download in Word format.
Sample of filling out a fixed-term contract:
Download in Word format.
Sample employment contract with an employee without a probationary period:
Download in Word format.
IP agreement:
Download in Word format.
Additional agreement:
Download in Word format.
What should an employee contract contain?
The Labor Code of the Russian Federation does not establish uniform forms for compiling such documents. A single form is established only for micro-enterprises, that is, small businesses.
The top of the document consists of the following information:
- Full name of the citizen entering the work.
- Name and details of the employer, including TIN.
- Place and date of the document.
Information about the conditions of professional activity:
- Profession, position, qualification (according to the staff list) and workplace.
- The moment of commencement of work and the duration of the contract.
- Mode of work and rest. Usually, an employee is given the opportunity to work according to a schedule common to the entire enterprise. But some cases provide for an individual, flexible or shift schedule, part-time, division of the working day into several parts.
An important condition when concluding an employment contract is the duration of the working week: no more than 40 hours for adults, 36 hours or less for employees aged 16-18, no more than 24 hours for adolescents from 14 to 16 years old.
- Terms of payment, wages: tariff rate or salary, additional payments, incentives, benefits, compensation for special or harmful conditions.
- Rights and obligations of the employee and the employer.
- Guarantees.
- nature and working conditions.
Important! In the absence of one of these clauses in the text of the concluded contract, the employer may be imposed an administrative penalty in the form of a fine. The labor inspectorate checks the conformity of the text of the document.
If there is a need to make changes or additions, an additional agreement must be drawn up.
Additional terms
Additional terms of the employment contract must comply with legal regulations, although they may have a different nature and purpose, depending on the situation.
Under the terms of the Labor Code, the document may contain additional conditions:
- Clarifications about the upcoming place of work: for example, an indication of a separate structural unit and its actual address.
- Trial period and its conditions. Often it is required to check the qualifications and knowledge of the employee when applying for a job.
The term should not exceed three months, for management - 6 months, excluding illness or absence for good reasons.
- Delivery to work. This item is of great importance when the workplace is significantly removed (for example, for road workers), when the working day starts too early and ends too late (drivers, conductors).
- Clause on non-disclosure of classified information of an official or commercial nature or state secrets.
- A clause on the need to work for a certain period of time at a given enterprise when training an employee at the expense of the employer.
- Conditions of social or health insurance of a mandatory or additional nature.
- The possibility of providing housing. An apartment can be temporary or permanent, provided in the future or right now, capital housing, a separate or shared apartment, a home loan, full or partial payment for rented housing.
In any case, the parties may introduce a clause on improving social and living conditions for the person being hired, his family.
- Additional opportunities for non-state pension provision.
In some cases, the labor legislation of Russia and some other legislative acts allow the inclusion of a clause stating that it is possible to conclude an agreement with this employee by other organizations and persons that are not employers under this agreement.
Notification of the conclusion of an employment contract
Many employers have to hire foreign nationals. The procedure for hiring such a person should be accompanied by certain actions, among which is the notification of certain state bodies.
Important! A foreign citizen has the same rights and obligations when applying for a job as a citizen of the Russian Federation. This is guaranteed to him by the legislation of our country.
The conclusion of an employment contract for foreigners has a permissive character. That is, for its conclusion it is required to obtain permits for the attraction and use of foreign labor by employers, a visiting citizen should obtain a work permit.
The rules and procedure for drawing up an agreement are the same as when hiring a citizen of the Russian Federation. Recommendation No. 86 of the International Labor Organization “On Migrant Workers” (it is advisory) and the Agreement of the CIS countries dated April 15, 1994 (mandatory) should be followed.
If the hired employee has problems with the Russian language, the document is translated into a language that he understands, although it must be drawn up in Russian.
Additional conditions when concluding an agreement with a foreign citizen are as important as rights and obligations, all these points are prescribed in accordance with Russian law. The contract must contain all the mandatory clauses required by Article 57 of the Labor Code of the Russian Federation.
It is possible to sign a fixed-term employment contract with a foreign citizen for 1 year. In the absence of grounds for a fixed-term contract, it is possible to conclude an open-ended one.
When signing the agreement, the employer sends notices to the following organizations:
- Federal Tax Service of the Russian Federation (notification period 10 days).
- Employment Center (3 days).
- Federal Migration Service (7 days).
The same notifications must be sent upon termination of the agreement and dismissal of the foreign worker. The same terms for notifying state bodies remain, only the term for notifying the migration service changes - it is 3 days upon dismissal. Notifications must also be sent when the leave is granted.
Attention! If such notification is not sent, the employer will be fined up to 1 million rubles.
The term of the contract is of great importance. The term of the work permit must not be allowed to expire before the term of the employment contract expires. It also threatens with fines for the employer.
To bring the deadlines into line, you need to use Art. 59 TK. Termination of the agreement also has its own special conditions, which must be taken into account.
The procedure for signing an employment contract and its entry into force
The contract can only be concluded with a citizen who has reached the age of 16 years. Sometimes it is allowed to sign it with students 15 years old, sometimes even 14 years old. On the basis of such a document, an order for employment is issued. Its content must correspond to the text of the agreement.
The order is issued within three days after the start of actual work. At the same time, the employee must be familiarized with the conditions of the internal regulations.
The contract is considered concluded after its signing, immediately after both parties have come to an agreement on all points.
From this moment it comes into force (Article 61 of the Labor Code), unless the provisions of the employment contract and laws provide otherwise. This may be reflected in the agreement itself or, if it is not in writing, in the order of employment.
Sometimes the contract comes into force at the moment the employee actually appears at the workplace. The employee is obliged to start fulfilling his labor duties from the date fixed in the document.
If the term is not specifically stipulated, then it is required to begin their duties on the next day after the document enters into force.
Is it possible to cancel the concluded contract
The possibility to cancel the agreement is provided for in Part 4 of Art. 61 TK. If the employee does not go to his workplace within the prescribed period, the employer has the right to cancel the agreement.
The canceled contract is considered not concluded, that is, it loses its legal force, the parties do not have rights and obligations in relation to each other.
Important! True, in the event of an insured event (illness, injury or other cases determined by law) in the period from the date of conclusion to its cancellation, the citizen is guaranteed all the payments due under this agreement or under compulsory social insurance.
By the way, the employer has the right, at its discretion, to cancel or keep the signed agreement in force.
When canceling a document, an appropriate act is drawn up. Loses its power and order, if it has already been issued. An employee may also refuse to work before going to his workplace.
Finally
The employment contract is of decisive importance in modern labor relations. Therefore, its content, the order of filling, the rules for observing its points should be treated with great attention.
Mandatory and additional clauses can be written in different ways, but the main condition is that they should not create conditions for the employee worse than those defined by the Labor Code of the Russian Federation.
If any clauses or conditions are not included in the text of the agreement, this is not evidence that the employer or hired employee refuses to fulfill their rights or obligations.
