How to draw up an employment contract: sample, practical recommendations. An employment contract with an employee - the subtleties of drafting. Sample employment contract with an employee and form Concluding employment contracts with employees

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 an employment contract are regulated.

Features of document preparation

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

The employment contract must necessarily contain the following information:

Full name of the employee and employer, if the employer is a legal entity, name of the organization.
Employee passport data - number and date of issue.
TIN of the organization.
Data of the person who signed the agreement on behalf of the enterprise, and the documents on the basis of which he is granted the right to sign this document.
Date and place of conclusion of the contract.
The place of work must be indicated if hiring is carried out in a branch located in another area.
The start date of work is indicated only in case of concluding a fixed-term employment contract.
Remuneration, namely salary according to the tariff schedule, allowances, bonuses and other incentive payments.
The work and rest schedule must be indicated only if it differs from the general rules of the enterprise for which 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 compensation provided for work in dangerous or hazardous production.
Conditions determined by the nature of the work performed - traveling, mobile, etc.
Working conditions.
Conditions for concluding an agreement on compulsory social insurance of an employee.

This information is mandatory, but its absence cannot be grounds for termination of the employment contract. The missing information is included in the contract itself, and the missing conditions are included in the annex 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 agreement is certified by the employee’s signature on a copy of the employer’s agreement.

Important! If the employment contract was not drawn up 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 only be established by agreement of the parties. If the contract does not contain conditions for a probationary period, then the employee is considered hired without a trial -.

If an employee was hired without drawing up an employment contract, then the condition of his probation may be established by a separate agreement concluded before the start of work.

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

A probationary period cannot be assigned:

For minors.
Pregnant women, as well as women raising a child under the age of one and a half years.
Persons who have passed the competition to fill the relevant position.
For persons who have received higher education under state programs and are getting a job for the first time - within 1 year after receiving their diploma.
Employees who received a transfer job that was agreed upon with the management of the organization.
Employees of elected office.
Employees who have entered into a contract for a period of no more than 2 months.

The probationary period for ordinary employees cannot be set 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 concluding an agreement

When hiring, the employer has the right to require the following documents:

Passport or a document replacing it.
Work book.
Insurance certificate.
If a person is liable for military service, then a military registration document.
Document on education and qualifications.
Certificate of criminal record.
Additional documents required by the specifics of the work.

Important! The law prohibits, when applying for a job, from requiring additional documents 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, the employer himself issues a work book. If the book is lost, the employer is obliged to replace it upon a written request from the employee.

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

If the employee does not begin his duties on the day specified in the contract, then the employer has the right to cancel the contract. A canceled contract is considered invalid -.

Completed sample document

Employment contract No. ________

_____________ “____”______________201__

LLC "Firm" 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 the "Employee", on the other hand, have entered into this agreement as follows:

1. General Provisions.

1.1. An employee is hired at Firma LLC at the address: ___________________________________________ for the position ___________________________________________________________________.

1.2. The employee is obliged to start work from “____”_______________201___.

1.3. The employee is given a probationary period of ____________months.

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

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

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

1.4. During the probationary period, the Employee is fully subject to the labor legislation of the Russian Federation.

1.5. This agreement is concluded for an indefinite period.

1.6. Work for the Employer is the Employee’s main place of work.

2. Responsibilities of the parties

2.1. The employee undertakes:

2.1.1. Perform job duties specified in the job description.

2.1.2. Maintain labor, production and financial discipline and conscientiously perform their official duties specified in clause 2.1.1 of this employment contract.

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

2.1.4. Treats the Employer's property with care, including equipment and office equipment in his use, and ensures the safety of the documentation entrusted to him.

2.1.5. Do not disclose during the period of employment with the Employer, as well as in the subsequent year after dismissal, data that is a trade secret of the Employer and confidential information obtained in the course of one’s employment.

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

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

2.1.8. Contribute to the creation of a favorable production and moral climate, the development of corporate relations in the Employer’s workforce.

2.1.9. If the information entered on the card changes (family composition, passport data, residential and registration address, contact phone number, etc.), notify the Employer within 2 days.

2.2. The employee has the right:

2.2.1. Familiarize yourself with the Employer’s regulatory documents regulating the Employee’s activities.

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

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

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

2.2.5. For timely and full payment of wages in accordance with your 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, requirements and laws governing the work of employees.

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

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 compensation established by the current legislation of the Russian Federation and the Republic of Kazakhstan.

2.3.5. In the prescribed manner, 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 Employee’s personal data contained in their personal files and other documents from unlawful use or loss.

2.4. The employer has the right:

2.4.1. Require the Employee to conscientiously perform work duties and comply with internal labor regulations.

2.4.2. Encourage him for conscientious and effective work.

2.4.3. In case of production necessity, recall the Employee from the next vacation with subsequent compensation 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 to the Employer in accordance with federal laws, laws of the Republic of Kazakhstan and internal labor regulations.

2.4.5. If there is a need to conduct professional training, retraining, advanced training in educational institutions of professional higher and further education at the expense of the Employer.

3. Remuneration

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

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

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

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

3.4. Payment of bonuses, allowances, additional payments and provision of financial assistance is carried out within the limits of the wage fund approved for the current year.

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

4. Work and rest schedule. Providing leave

4.1. The employee is assigned a 36-hour work week - 5 days with two days off (Saturday and Sunday).

4.2. The start and end times of the working day, rest breaks are determined by the internal labor regulations.

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

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

Leave for the first year of work is granted after six months of continuous work 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.

Vacation for the second and subsequent years of work is provided in accordance with the priority of vacations, according to the vacation schedule approved by the Employer, drawn up taking into account the wishes of employees about the time of the proposed vacation.

4.5. Replacement of regular vacation with monetary compensation is not permitted, except in cases of dismissal of an Employee who has not used the granted vacation.

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

At the request of the employee, additional leave can be replaced with monetary compensation.

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

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

5. Responsibility of the parties

5.1. In case of failure or improper performance 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 bears disciplinary, financial and other liability in accordance with current legislation.

6. Grounds for termination of an employment contract

6.1. Termination of this employment contract occurs in accordance with current labor legislation, as well as in the event of violation of the obligations assumed by the parties.

6.2. The contract may be terminated:

by agreement of the parties;
at the initiative of the Employee, on the grounds provided (by 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 the enterprise;
inconsistency of the Employee with the position held or the work performed as a result of:
health status in accordance with a medical report;
insufficient qualifications
repeated failure by the Employee to fulfill his labor duties without good reason, if he has received a disciplinary sanction;
a single gross violation of labor duties by the Employee;
disclosure by the Employee of a trade secret that became known to him in connection with the performance of his job duties;
commission of guilty actions by an Employee directly servicing monetary or commodity assets, 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 forged documents or knowingly false information when concluding an employment contract;
on other grounds provided for;
in the event of a change in significant working conditions and (or) violation by the Employer of its obligations under this Agreement;
in other cases provided for by the legislation of the Russian Federation.

7. Special conditions

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

7.2. All materials created with the participation of the Employee on the Employer’s instructions 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 in writing.

7.4. The agreement comes into force from the moment it is signed by the parties.

7.5. The agreement is drawn up 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.

05 Feb 2012 02:00

Employment contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement , pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement and comply with the internal labor regulations in force for this employer.
The parties are the employee and the employer.
Correct execution of an employment contract is important for the employee and the employer, since it is the main document on which the employment relationship is based.
However, the correctness of the execution of the employment contract can also be checked by a labor inspector, and if errors are detected in the execution or in the terms of the contract, the employer may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for violation of labor legislation.
Let us note that this norm establishes a fine for heads of organizations in the amount of 1,000 to 5,000 rubles. (for a repeated offense - disqualification for a period of one to three years) and for organizations - from 30,000 to 50,000 rubles.

We draw up an employment contract

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

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

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

Note! Upon receipt of his copy of the employment contract, the employee must put a signature on the copy of the employer’s employment contract, which will confirm the fact that the employee received the employment contract (Article 67 of the Labor Code of the Russian Federation). Therefore, we recommend that on a copy of the employer’s contract, provide a separate column “Received the employment contract, date and signature of the employee.”
Let us note that the absence of such an employee’s signature is one of the most common violations that labor inspectors identify during inspections of employers regarding compliance with labor laws.

Age at which it is permissible to conclude an employment contract

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

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

Let us note that it is possible to conclude an employment contract with persons under 16 years of age, but only if the conditions established by the Labor Code of the Russian Federation are met.
An employment contract can be concluded with a 15-year-old employee only to perform light work that does not harm his health.
The conclusion of an employment contract is possible only in the following cases:
- when the teenager has already received basic general education (completed 9 classes of secondary school);
- continues to master the general education program in a form of education other than full-time;
- the teenager, with the consent of the parents and the commission on minors’ affairs, left the general education institution (i.e. stopped studying at school).
An employment contract can be concluded with a 14-year-old student to perform light work that does not harm his health and does not disrupt the learning process.
To conclude an employment contract you must:
- consent of one of the parents (guardian) and the guardianship authority;
- work must be performed in free time from studies and not disrupt the learning process.
Labor legislation provides for the possibility of concluding an employment contract with young children, but only with the following employers:
- cinematography organizations;
- theaters;
- concert organizations;
- circuses.
It is possible to use the labor of children to create and (or) perform (exhibit) works without harming their health and moral development.
To conclude an employment contract, permission from the guardianship and trusteeship authority is required, which specifies the maximum permissible duration of daily work and other conditions under which the work can be performed.
The employment contract is signed on behalf of the child by his parent (guardian).

Terms of the employment contract

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

Note! The terms of an employment contract that do not comply with the principles of labor legislation are invalid.

So, the employment contract specifies:
- last name, first name, patronymic of the employee and the name of the employer who entered into the employment contract;
- employee’s passport details;
- TIN (taxpayer identification number) of the employer;
- information about the employer’s representative who signed the employment contract, and the basis on which he is vested with the appropriate powers;
- place and date of conclusion of the employment contract.

Mandatory terms of the employment contract

Article 57 of the Labor Code of the Russian Federation lists the conditions mandatory for inclusion in an employment contract:
1. Place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area - the place of work indicating the separate structural unit and its location.
2. Labor function(work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work assigned to the employee).
Let us note that if the work performed in certain positions, professions, specialties legally provides for the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in the Unified Tariff and Qualification Directory of Work and professions of workers or in the Unified Qualification Directory of Positions of Managers, Specialists and Employees, approved. Decree of the Government of the Russian Federation of October 31, 2002 N 787.
3. Start date.
4. Validity fixed-term contract; circumstances (reasons) that served as the basis for concluding a fixed-term employment contract.

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

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

Note! Failure to include one or more mandatory conditions in the text of the agreement does not make such an agreement unconcluded and is not a basis for termination of the employment contract. At the same time, if the labor inspectorate, during an inspection, discovers that mandatory conditions are not reflected in the employment contract, the employer may be held administratively liable for violating labor laws.

Therefore, if the text of the contract does not contain any mandatory conditions, it is necessary to include them in the contract. To do this, you should draw up a written annex to the agreement, which will form an integral part of it.
Let us remind you that all annexes to the agreement must be signed by the parties - the employee and the employer.

Entry into force of the agreement

As a general rule, an employment contract comes into force from the day it is signed by the employee and the employer (Article 61 of the Labor Code of the Russian Federation). At the same time, the parties can independently determine the date of entry into force of the agreement. For example, an employment contract was signed by the parties on May 25, 2011.
It states that it will take effect on June 1, 2011.
Most often, an employment contract is signed on the day the employee begins to perform his or her job duties.
For example, an employment contract was signed on October 17, 2011.
The text of the contract contains a condition according to which the employee begins to perform work duties from the date of its signing.
However, the dates of signing the employment contract and the start of work may not coincide. The employment contract can stipulate a specific date from which the employee begins to perform work duties.
For example, an employment contract was signed by the parties on October 30, 2011. The contract stipulates that the employee begins to perform his job duties on November 11, 2011.
If the employment contract does not specify the start date of work, the employee must begin work on the next working day after the contract enters into force.
For example, an employment contract was signed on November 10, 2011.

Note! Currently, when deciding to cancel a contract, the reasons why the employee did not start work on time do not matter. Previously (until October 6, 2006), an employer could cancel an employment contract only if the employee did not start work without good reason.

The period when the employee must begin performing his job duties is not established by the contract. In this situation, the employee starts work on November 11, 2011.
It is possible that an employment contract was signed by the parties, but the employee did not start work on the start day.
In this case, the employer has the right to cancel such an employment contract. A canceled employment contract is considered not concluded (Part 4 of Article 61 of the Labor Code of the Russian Federation).
Please note that cancellation of an employment contract is a right, not an obligation, of the employer.
Therefore, the employer can take advantage of this right and issue an order to cancel the employment contract the very next day after the employee has not started work. The order can be issued at a later date if the employee never returns to work.
At the same time, the employer can find out the reasons for the employee’s absence from work and leave the employment contract in force.

Documents presented when concluding an employment contract

Article 65 of the Labor Code of the Russian Federation provides list of documents which the employee presents to the employer when concluding an employment contract:
- passport or other identification document;
- work record book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;
- insurance certificate of state pension insurance;
- military registration documents for those liable for military service and persons subject to conscription for military service;
- a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.
Failure by the employee to provide these documents is grounds for refusal to conclude an employment contract.
The Labor Code of the Russian Federation prohibits employers from requiring any documents from an employee other than the above.
Often, when concluding an employment contract, employers require employees to present a certificate of assignment of a TIN (taxpayer identification number).
However, this document is not included in the list of documents that the employee must present to the employer. Therefore, the absence of an employee’s certificate of assignment of a TIN cannot serve as a basis for refusal to conclude an employment contract.
When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are issued by the employer.
Let us note that the absence of a work book does not actually prevent the conclusion of an employment contract.
If an employee does not have a work book, for example due to its loss, he must write a corresponding statement to the employer indicating the reason for the lack of a work book.
The employer, in turn, must issue a valid work book for the employee and make the appropriate entries in it.
When registering a new work book, information about the employee’s total and (or) continuous work experience before joining this employer, confirmed by relevant documents, is entered into it. The total length of service is recorded in total, i.e. the total number of years, months, days of work is indicated without specifying the employer, periods of work and positions of the employee (Letter of Rostrud dated April 30, 2008 N 1026-6).

An employment contract with an employee is a special agreement. This document reflects the nature of the relationship between the employee and the enterprise.

It is the employment contract with the employee that formalizes the legal obligations and rights of the participants in the process.

General information

Based on the Labor Code of the Russian Federation, enterprises and employees have ample opportunities to draw up various types of agreements using one or another sample employment contract with an employee. At the same time, various conditions may be reflected in the papers.

The most common form of employment contract with an employee

Most often, as legal practice shows, agreements are concluded with a specialist. This employee means an employee who has certain knowledge that allows him to perform certain activities in the enterprise. It should be said that the Labor Code of the Russian Federation does not provide for any specific provisions for regulating the work of a specialist.

However, in practice such agreements have their own characteristics. In this regard, they are allocated to a separate group along with contracts signed with managers, employees, and top managers. This category is allocated as a separate group in the qualification (unified) directory of positions.

The classification is made in accordance with the nature of the work primarily performed. They are the content of the employee’s work. So, for example, the position of a manager is characterized by organizational administrative functions. Specialists perform analytical and constructive activities. The responsibilities of the employees include information technology tasks.

Design features

The labor functions of employees determine the features of agreements concluded with them. The position for which the employee is hired has qualifications (categories). Their indication in the agreement is mandatory. This or that sample employment contract with an employee contains sections or appendices that indicate what skills and knowledge the future employee should have.

Basic information

Concluding an employment contract with an employee involves specifying certain information about the future employee and the details of the enterprise. In particular, the last names, first names, patronymics and addresses of the employer and the hired person are entered. You must also indicate the date the employee was hired. If a fixed-term employment contract is concluded with an employee, then the period for which the specialist is hired is indicated.

Probation

The maximum period for an employee can be three months (if he was not selected as a result of a competition). An exception is considered to be persons who have graduated from institutions of higher, primary and secondary vocational education, have received state accreditation and are entering service in their specialty for the first time within a year from the date of completion of their studies.

In this case, a probationary period of six months may be established for a number of categories, for example, chief accountants or their deputies. The legislation also defines certain groups of citizens who are hired under special conditions. In particular, pregnant women, minors and some other categories of workers do not undergo a probationary period.

Wage

Any sample employment contract with an employee includes a section indicating the amount of payment for his activities at the enterprise. Salary, as a rule, is an official salary. It represents a monthly deduction, the amount of which depends on the qualifications, business qualities and place to which the employee is assigned. Official salary is used in enterprises to pay employees, specialists, and managers.

It is also used as the basis for calculating bonuses, allowances and surcharges. The contract may contain information about additional payments. Their size is determined by agreement of the parties. When drawing up an employment contract with an employee, the employer specifies a certain amount of the official salary. If the manager intends to initially pay a small amount and then increase it over time, then this fact should be contained in the agreement. In the absence of such information, the employer is not responsible for failure to fulfill these promises.

Mode of activity and rest

An employee’s work schedule is determined by what is expedient for the enterprise. The mode of activity may be irregular. Explanations on this matter are contained in Art. 101 Labor Code of the Russian Federation. In accordance with the provisions, workers on an irregular schedule may be periodically engaged by the employer to perform their job duties outside the normal working hours. The law states that the list of employees operating in this mode must be established by a collective agreement, contract or internal regulations of the enterprise. Six- and five-day weeks or rotating schedules are also common.

Compensation and guarantees

Quite often, an enterprise enters into an employment contract with an employee an obligation to fulfill his requirements. These include, in particular, medical care provided free of charge or a convenient schedule. At the same time, the employee assumes certain obligations in which the company is interested.

For example: do not quit for a certain period, act as a mentor in relation to the agreed number of young specialists, etc. The terms of the agreement impose certain and, in some cases, quite strict restrictions on both the employer and the hiredee. At the same time, the provisions specified in the agreement contribute to the retention of valuable personnel and the maximum use of employee experience and knowledge in the training of new specialists.

Completing the agreement

The employment contract with the employee is drawn up in two copies. One of them is kept by the employer, the other is given to the employee. Any oral agreement to perform any activity has no legal force. The form of an employment contract with an employee contains the following attachments:

Schedule.
Job description.
List of prices for work.
Non-disclosure agreement of confidential information.

Related documents are also prepared. This, in particular, may be an additional employment contract with the employee. Such an agreement, for example, is necessary in the event of a reduction in an employee’s salary. Registration of the employment contract itself and amendments to it is carried out in the appropriate accounting journal.

The drawn up agreement comes into force immediately from the moment of execution or, if indicated, on the day on which the employee must begin performing his duties. If the employee does not show up at the workplace within seven days without a good reason, the employer has the right to terminate the contract unilaterally.

Special category of employees

Of course, the company is not interested in unqualified personnel. But situations often arise when, in order to save money for positions that do not require special professional skills, various companies - small, large - hire minor workers.

By law, an agreement can be concluded with a person over 16 years of age. However, in some cases, an employment contract with a minor employee can be drawn up at an earlier age. A student can be hired by an enterprise if he left the educational institution before he received a general basic education. However, his age may be 15 years.

With the consent of one of the parents or the guardian and the guardianship authority, an employment contract can be concluded with a fourteen-year-old student. The agreement involves performing light activities that do not disrupt the learning process and do not cause harm to health.

In theaters, organizations related to cinema and concerts, and in the circus, it is allowed to hire employees under 14 years of age. To carry out activities, the consent of parents or guardians and the guardianship authority is required. Work should not harm the health of minors or interfere with their moral development.

Features of activity regulation

Regulates the procedure for hiring and concluding an employment contract, Art. 265-272 Labor Code, as well as a collective agreement. In these articles, the legislation establishes the rest and activity regimes for employees under 18 years of age, the conditions for its implementation, official salary, etc. Any sample employment contract with an employee must comply with all applicable laws.

Termination of the agreement

Termination of an employment contract with an employee under 18 years of age is carried out in accordance with one of the grounds specified in Art. 77 TK. In addition, the agreement may be terminated due to violations during the hiring of the employee. For example, an employee who is under 18 years of age was hired to perform hard, dangerous or harmful work, in a store selling alcohol, in a nightclub, etc.

Otherwise, the agreement may contain other reasons. Termination of the contract unilaterally at the initiative of the employer (except for the case of termination of commercial activities or liquidation of the enterprise), in addition to compliance with the general current procedure, is permitted only with the consent of the state inspectorate and the commission for minors.

Additional Information

An employment contract with an individual entrepreneur is drawn up in the same way as with an organization. The agreement must also be in two copies and signed by both parties. An employee may begin work before an employment contract is concluded. In this case, the agreement must be drawn up within 3 days. An employment contract with an LLC employee, as well as with an individual entrepreneur, may contain annexes.

Required package of documents

Article 65 of the Labor Code of the Russian Federation establishes the required list of papers. The list includes:

Passport or other document that proves your identity.
Employment history. The exception is cases when an employment contract is drawn up for a part-time employee or the employee begins his professional activity for the first time.
Insurance certificate.
For those liable for military service – registration documents.
Certificate of education, qualifications, special knowledge (in cases where the activity requires special training).

If a citizen starts working for the first time, then the work book and Pension Fund insurance are issued by the employer. The employee must be familiar with the internal regulations of the enterprise, safety regulations and other local regulations.

Duration of the agreement

In accordance with the law, an employment contract can be drawn up for a specific period or be indefinite. This provision is regulated by Art. 58 TK. An employment contract with an employee (temporary) is drawn up for a period of up to 5 years. The agreement may not specify a validity period. In this case, they say that the contract is unlimited. For a certain period, an agreement is drawn up in a number of cases. These include, in particular:

Replacing an absent employee. In this case, a temporary contract is drawn up. The absent employee's position is retained.
Performing seasonal activities (up to 2 months).
Internship or professional training for an employee.
Applying to work for an entrepreneur or small business organization.
Part-time job.
Hiring old-age pensioners or people with health limitations.

The agreement terminates upon expiration of the period specified in it. Three days before the end of the period, the employer is obliged to warn the employee about the end of the activity. The notification must be made in writing. If at the end of the specified period the parties do not declare termination, the agreement is considered to be drawn up for an indefinite period.

Download the standard form of an employment contract between an employee and an individual employer

Download a fixed-term employment contract with an employee

Download the collective agreement form

Download the employment contract with the employee

The legislation of our state states: an employment contract is a contract concluded by the head of an enterprise with a hired specialist and establishes the boundaries of their relationship. Under this agreement, the employer promises to provide the future employee with work and pay for it, and the other party accepts its functions and undertakes to comply with the company's rules. For this reason, it is extremely important that the conclusion of an employment contract meets all the requirements, otherwise it may have negative consequences.

Is it necessary to conclude an employment contract?

Employment contract- the main document in order to officially consolidate the rights and requirements of the employer and the specialist towards each other. It defines the working interactions of the parties:

The employer is recommended to organize work with a certain functionality for each representative of the company’s personnel, to create a safe working environment, the requirements for which are determined by regulatory documents in the field of labor law (such as the Labor Code of the Russian Federation, local orders, collective agreements, work contracts). Also, the employee must be given the agreed salary in the prescribed amount without delay.
An employee who gets a job in an organization agrees to perform his functions independently and to comply with the company’s routine (this is stated in Article 56 of the Labor Code).

The conclusion of an employment contract is mandatory, as follows from Article 16 of the Labor Code of the Russian Federation. On the other hand, if the agreement was not drawn up and signed for any reason, from a legal position, industrial relations still arise, since the person was actually admitted to work, which the entrepreneur knows about.

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The rules that guide the conclusion of an employment contract are prescribed in Part III of the relevant code (Chapter 11). The Labor Code of the Russian Federation names all the key documents (Article 65), guarantees that the parties give each other (Article 64), requirements for a medical examination or test during employment (Articles 69-71), and also defines the form of the agreement (Article 67 ).

Responsibility for proper implementation of the procedure for concluding an employment contract in all cases the employer is responsible. If a document is drawn up or signed in violation of the norms defined by the Labor Code or any federal law, and when these deviations do not allow the continuation of relations, then the contract immediately terminates in accordance with clause 11 of Art. 77 Labor Code of the Russian Federation.

Number of personnel of the enterprise: analysis and optimization

Turning to Article 5.27 of the Code of Administrative Offenses, we note that the employer will be held liable under it if he evades concluding an employment contract. Inadequate documentation of relations, refusal to sign a contract, or preparation of a civil contract instead of an employment contract (if there are industrial relations in the situation of the parties to the transaction) leads to an administrative fine, the severity of which depends on the status of the employer:

for officials - this is the amount from ten to twenty thousand rubles;
for those who are engaged in business without registering a legal entity - from five to ten thousand rubles;
for legal entities - from fifty to one hundred thousand rubles.

For the employer, the conclusion of an employment contract is accompanied by the following: benefits and benefits:

The person who signed the document agreed to abide by the company's rules.
The contract defines the duties and functions of the employee and requires him to perform high-quality and complete work.
If this is specified in the agreement, then the employer receives the right to apply disciplinary measures to the staff, as well as financial liability.
The contract convinces the employee of the company’s reputability and provides guarantees to all participants in the relationship.

Conditions for concluding an employment contract

Employee and employer become two parties between whom an employment agreement is signed. Employee always an individual over sixteen years of age. The Labor Code of the Russian Federation does not establish an upper age limit for signing a contract.

On behalf of employer Any subject permitted by law to sign employment contracts can act: both an organization and an individual.

When concluding an employment contract, you can choose one of its types, which differs by validity period:

Urgent.

Participants in labor relations can sign a contract that will be considered valid for a period determined by the employee and the entrepreneur (but not more than 5 years). Such an agreement specifies not only the duration of the validity, but also lists in detail the reasons why a permanent contract is not available. Their list is strictly regulated by law.

Fixed-term contract is being extended by signing an additional agreement to it. Extension is also possible for a period of up to 5 years. Such labor is terminated contract after a written notice (at least three days in advance) on the day when its validity expires. If the employer did not send a reminder about the expiration of the relationship period, and the person continued to perform his functions, the contract becomes indefinite, and its termination will occur in accordance with the general procedure.

All fixed-term employment contracts can be divided into the following categories:

Those where the period for concluding an employment contract is clearly defined. These are agreements that are drawn up when a person enters an elective position. For example, just such a contract is concluded with the president, governors, deputies and rectors of universities with a specified expiration date.
Relative duration agreements. This type of contract is used when it comes to employment in a company that obviously functions only to perform a certain finite amount of work. The temporary nature of such companies is fixed in their charter. An agreement with a relative term terminates at the same time as the organization. The conclusion of an employment contract of this type occurs, for example, for activities at the election headquarters of a political party.
A conditional fixed-term contract is developed for a situation where a candidate is hired for a temporarily vacated position. For example, for the position of an employee who went on maternity leave or went on a long business trip. For such vacant positions, if necessary, workers are recruited on a fixed-term contract.

Prisoners indefinitely.

Contracts that do not specify how long an employee will work for the company automatically become indefinite, guaranteeing stable employment in one place. The relationship between the enterprise and the specialist under such conditions can be severed legally.

Time-based wages: advantages and disadvantages

Form of concluding an employment contract and its contents

The fifty-seventh article of the Labor Code states that The employment contract must indicate:

the full name of the legal entity in which the candidate is employed, as well as the full name of the employee;
details of identification documents of the employee and the employer (if the role of the latter is played by an individual);
TIN for an organization or individual entrepreneur;
information about the legal representative of the company and about the documents that give him the right to make decisions and sign contracts (for example, the general director of an enterprise can act on the basis of its charter);
place and day of concluding the employment contract.

Also required The document contains the following information:

the position for which the specialist is hired, profession or type of work, labor functions;
place of work;
the date when duties should begin and the date until which the agreement is valid, if it is an agreement with a limited period (in this case, you should also describe the reasons why it is impossible to use an open-ended form);
wages, regional coefficients, bonuses, as well as dates and frequency of disbursement of funds;
guarantees in case of work in a hazardous environment and methods of compensation;
activity schedule and working conditions;
the nature of the functions performed;
social security information;
all other conditions and additions described in the labor law of the state.

When concluding an employment contract, it is possible that some of the circumstances and information will not be included in the agreement immediately. This does not invalidate the contract or invalidate it. All missing items can be added to it or included in the additional agreement and appendices.

It is permissible to describe and record any conditions if they do not contradict the letter of the law and do not infringe on the rights of personnel enshrined in labor legislation:

the place of work may be specified;
a probationary period is established;
the employee may be required to store internal information and trade secrets;
if the business owner paid for the training of a newcomer, then a working period is likely to be established;
methods of supporting a specialist can be prescribed (insurance, social assistance, pensions);
employee responsibilities as set out in local regulations.

Let's look at the sections and paragraphs of a ready-to-conclude employment contract and clarify the important parts.

A cap

Mandatory elements of the header are always the place and day of signing the agreement, the names of the parties (in full), information about the documents that identify them and confirm the legality of their actions.

Clause 1. Subject of the employment contract

Here the position of the specialist and the nature of the labor relationship, place of work, the date when the person begins his duties, the duration and conditions of the probationary period, if required, are recorded.

Clause 2. Rights and obligations of the employee

The most important rights of an employee of the organization are recorded in the “Rights” subsection. These provisions are provided for by the Labor Code of the Russian Federation and internal documents of the enterprise. Usually these are the rights to wages, compensation for harm caused to a person in the process of work, mandatory social insurance and any other conditions.

When concluding an employment contract in the “Responsibilities” subsection the work functions of the specialist, the requirements for compliance with production discipline and internal regulations are determined. It also spells out the attitude towards the company’s property, the need to keep trade secrets and other conditions that a person must fulfill.

Clause 3. Rights and obligations of the employer

In the “Rights” subsection lists the employer's powers to financially remunerate the employee, to present demands for the performance of work, to hold the other party liable under the law, as well as all other rights that do not violate the Labor Code of the Russian Federation.

The contractual functions of the employer (compliance with labor laws and internal regulations, ensuring the safety of company employees, payment for their work, guarantees of social insurance, provision of necessary information and compensation for harm caused to the worker) are indicated in the “Responsibilities” subsection.

Clause 4. Working hours and rest periods

When concluding an employment contract, the amount of working time - days, shifts, hours, duration of leave and the conditions under which it can be taken are immediately prescribed.

Clause 5. Remuneration

The parties agree on salary, compensation, bonuses and other methods of material incentives.

Clause 6. Change and termination of the employment contract, dispute resolution

It describes in detail how industrial conflicts and disagreements are supposed to be resolved, how to make changes to the contract and how to terminate it.

Clause 7. Other terms of the employment contract

This paragraph is used to include in the work contract any terms that do not fit within the sections listed above.

Dismissal at the initiative of an employee: how to formalize it correctly

New form of concluding an employment contract from 2017

At the very beginning of 2017, it was decided that companies with up to 15 employees and revenue up to 120 million rubles. are not required to prepare local acts with labor law standards. The Labor Code of the Russian Federation will now contain Chapter 48.1, which regulates the situation in microbusiness. If a small business does not apply the acts, it will have to use a special form of employment contract.

The company has the right to refuse from previously adopted documents: internal regulations, shift and vacation schedules, bonus regulations, etc. However, the vacation schedule for 2017 will still be relevant, since it was adopted before December 16, 2016 - during the period when the legislative innovation was still didn't work.

Records of the movement of work books and a log of employee briefings will also be preserved.

A sample employment contract can be downloaded at the end of the article.

In the new form of employment contract indicate the conditions of work at home and the location of the workplace. You will have to work with the HR department to analyze the changes and decide what should be included in the new agreement and what will remain in the company’s local documents. For example, you should not rush to destroy the provision on bonuses, since you can only change the rights acquired during employment with the consent of the other party, but an internal act at the enterprise can be corrected without the participation of the employee.

If you do not switch to the updated form of the contract, you will not face a fine, but if the enterprise ceases to be considered a micro-business, you will have to restore local documents in a short time (according to Article 309.1 of the Labor Code - within four months).

Employee age for concluding an employment contract

Article 63 of the Labor Code defines the lower age limit for signing labor agreements allowed with persons over age:

14 years old: if one of the trustees, father, mother or guardianship authority gives consent. Students aged 14 can do light work that is not harmful to health and does not interfere with learning; such activities only take up the teenager’s free time.
15 years: a contract is signed for the legal performance of light work that does not have a negative impact on health if the employee:

still receiving school education,
continues to master the basic educational program not in full-time form, but in any other form,
leaves the educational institution, observing federal legislation.

from 16 years old: on a universal basis.

As an exception to the rule an order to conclude an employment contract can be given in a theater or cinema, where the participation of children under 14 years of age is allowed. To sign such an agreement, not only the decision of the guardians is required, but also evidence of labor safety for the moral and physical development of the child.

By age limit There are no guidelines for establishing labor relations. But the range of positions and functions for which a maximum age is specified is limited (civil service, for example, is available to persons under 65 years of age).

Compensation upon dismissal: how to pay an employee

What documents are needed to conclude an employment contract?

A person applying for work presents to the employer documents, the list of which is given in Article 65 of the Labor Code:

the main document confirming the employee’s identity is a passport;
a work book is required, unless this is the first place of work or if the person does not join the company as a part-time worker;
pension insurance certificate;
for candidates liable for military service, the list provides for entering information about the military ID in the personal file;
certificates, diplomas, certificates - documents confirming the candidate’s education and qualifications are important when concluding an employment contract for a position that requires special training;
certificates of no criminal record and criminal prosecution (or certificate of termination of prosecution on certain grounds). The procedure for receiving and the form of these papers are determined by the federal executive branch, which works to develop norms and legal regulation in the field of internal affairs of the state. Such certificates are especially important when applying for employment in a position that is not available to persons who have been persecuted under the law or have a criminal record.

For some positions and types of work of the Labor Code, federal laws and presidential decrees expand this list to comply with the procedure for concluding an employment contract.

No one has the right to demand from a candidate applying for a job in an organization any documents other than those specified for a specific case by the Labor Code, federal laws, presidential decrees and government regulations.

Why is notification of the conclusion of an employment contract necessary?

For a number of people applying for work in Russia, there are special requirements when signing an employment contract. They consist in the need to officially issue a document so that it notified about the signing of the employment agreement. Employees for whom this information is important are: Foreigners. The Federal Migration Service must be notified of the employment in Russia of a resident of another state.

In this case the same applies temporary restrictions on the provision of information. According to the law, only three days are given to notify the FMS that an employment contract has been concluded.

The legislation allows three ways to provide documents to the migration authorities:

Come to the FMS in person with all the papers and hand them over to the employees hand-to-hand, and then pick up a certificate of receipt of the documents.
Send documents by regular mail. They should be sent by registered mail with acknowledgment of receipt by the addressee, as well as an inventory of what is included in the envelope.
Submit all required documents by email.

What is transferred to the Federal Migration Service includes information about the employee. Namely, information about his passport and the position for which he is employed are indicated. In a situation where we speak about a citizen of another state, you also need a document permitting work in the Russian Federation. To conclude an employment contract with a foreigner, note the name, number and series of the permit, the date of its issue and the period during which it is considered valid. Information about who granted the patent is also required.

The FMS also requires a full information about the employing company. The list of required data includes: address of the future place of work, information about the manager (full name and position), contact information of the organization.

In a notice to the migration department two dates are indicated– the day the employment contract was drawn up and the day it was issued. This document must be signed by the head of the company that is the employer and certified with the seal of the enterprise.

This notification is prepared and sent to the FMS not only when hiring a foreigner, but also upon his dismissal(upon concluding an employment contract and upon termination of its validity).

In accordance with the fourth part of Article 18.15 of the Code of Administrative Offenses, organizations and entrepreneurs that employ foreigners and violate the deadlines and procedure for notifying the migration service about this must be punished (a fine of the established amount).

Expert opinion

What mistakes to avoid when hiring a foreigner to avoid getting a fine or prison sentence

Sergey Sichkar,

co-owner of Arka Group company, Krasnodar; Candidate of Economic Sciences

Illegal employment of foreigners in trade

Depending on the activities of the enterprise and its location, the amount of the fine for violating the procedure for concluding an employment contract with a foreigner will vary. According to Article 18.16 of the Code of Administrative Offenses of the Russian Federation, a trading company will pay about 450,000–800,000 rubles for the illegal employment of a migrant (and its director will receive a personal fine of 45,000 to 50,000 for each employee). Paragraph 2 of the same article states that the enterprise will pay fines of the same amount if the commercial premises it has rented out are occupied by a company that illegally accepted foreigners. In the capitals of our state, the amount of punishment will increase for the entire organization to 1 million rubles, and for directors - to 70 thousand.

Example. A kiosk was rented from the Vostok-1 company. The entrepreneur using the structure neglected to conclude an employment contract with a foreigner. The Vostok-1 company, by decision of the Vladimir Regional Court dated December 28, 2015 No. 4a-404/2015, was fined 600 thousand rubles.

Illegal employment in other areas

If an enterprise uses migrant labor without permission to work in Russia, the fine for the director will be from 25 to 50 thousand rubles, and for the company - from 250 to 800 thousand per employee (these conditions are stated in Article 18.15 of the Administrative Code, in the first paragraph). The enterprise will be fined the same amount if it does not receive permission to use foreign workers (clause 2 of the same article). In paragraph 4 of Art. 18.15 of the Code of Administrative Offenses, more serious amounts are provided for violators in Moscow or St. Petersburg (the director will pay 35–70 thousand and 400 thousand–1 million will have to be paid to the company).

Example. At the plant, when concluding an employment contract with foreigners (two from Moldova and four from Tajikistan), they turned a blind eye to the fact that no one had permission to work in the Russian Federation. According to the Resolution of the Supreme Court of the Russian Federation dated March 3, 2016 in case No. A40-176665/2014, the plant had to pay 2.4 million rubles (400 thousand for each worker).

Violation of migration rules

1. If an enterprise signs or terminates civil contracts or labor agreements with migrants, it must notify the local Federal Migration Service within the next three working days. For violating the terms and conditions, the director of the company will be fined from 35 to 70 thousand rubles, and the entire enterprise will pay from 400 thousand to 1 million rubles.

2. If an employment contract is concluded with a qualified foreigner, the enterprise must submit reports on the wages paid to the migration service four times a year. For failure to comply with this condition, the same fines are provided as in the previous paragraph (for more details, see paragraph 5 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation).

3. Employing foreigners in Russia is prohibited (or permissible only under certain restrictions) in the areas of security, alcohol sales, etc. According to Article 18.17 of the Code of Administrative Offences, for deviation from these requirements the financial penalty will be 45–50 thousand rubles. for the manager and 800 thousand - 1 million rubles. for the entire business.

Note. Fines for these violations can be replaced by a temporary suspension of the company's operations for a period of two weeks to 90 days.

Organization of illegal stay of foreigners

Punishments in accordance with Article 332.1 of the Criminal Code threaten employers not only for incorrectly concluding an employment contract, but also for ensuring the illegal stay of foreigners on the territory of the Russian Federation:

300 thousand rubles fine or company income for one and a half years;
working hours up to 420 hours;
forced labor for up to 3 years;
correctional labor for up to 2 years;
up to 5 years in prison.

If the court finds that criminal acts were committed by an organized group, the prison term will increase to 7 years and the fine to 500,000 rubles.

Example. The company not only hired migrants, but also illegally settled them in the basement, despite the fact that the people’s stay in Russia had expired. The managers of the enterprise, in accordance with the Resolution of the Moscow City Court dated May 6, 2015 No. 4у/5-2275/15, were sent to prison for 3 years.

The procedure for concluding an employment contract with employees

The first stage is introductory

It is important for the parties to the future contract not only to get to know each other, but also perform certain duties before entering into an agreement.

The hired employee must present documents to the employer, significant in the employment process (Article 65 of the Labor Code). It is logical that if this is his first job, then the person cannot provide a pension insurance certificate, a tax ID, and sometimes a medical insurance policy, then the employer must provide assistance, and in some cases, prepare the necessary documents himself. By the way, a newcomer is required to have a work book if he has been working in the company for at least five days.

Even at the stage of preparation for concluding an employment contract, obligations also arise for the employer. According to Article 68 of the same code the employer is obliged to inform the employee before starting a relationship with the company's regulations and documents regulating the activities of the team, and this can be done against signature.

The second stage is drawing up and signing an employment contract

The main thing for this step is - drawing up an employment contract. In the process, they rely on the recommendations of Article 57 of the Labor Code, since it states what exactly should be indicated in the contract. The terms of the employment contract may be changed with a written decision of the parties or in compliance with the requirements of Article 74.

When preparing a contract, they include in it mandatory non-disclosure by an employee of information constituting an official or commercial secret. Such data may come to the employee in connection with his job functions. Each company independently determines what is its trade secret (but takes into account the law regarding it). When concluding an employment contract, some organizations will follow the Federal Law “On State Secrets”.

The contract may require a probationary period. for the purpose of checking the professional suitability of an employee, this possibility is fixed in Article 70 of the Code.

The trial period cannot exceed three months for line workers and six months - for managers, chief accountants and their deputies, unless federal legislation establishes other conditions. This applies to the conclusion of employment contracts with the management of not only the head branches, but also any autonomous divisions of the company.

There is no pre-employment test For:

people who passed a competition to fill a vacancy, if it was conducted in accordance with the procedure regulated by legislation in the field of labor law;
pregnant candidates and women with small children (under 1.5 years);
persons under eighteen years of age;
specialists who have received an education document from an institution with a state license, if they are starting to work in their specialty for the first time and do this no later than one year from the date of graduation from the educational institution;
applying for an elective but paid position;
employees with whom the conclusion of an employment contract is organized after the transfer by agreement of the employers;
those who sign a contract for less than two months;
candidates applying for work under other conditions provided for by the code. For example, specialists who have successfully completed their apprenticeship do not pass the test (see Article 207 of the Labor Code).

The employer has the right if the test result is unsatisfactory terminate the employment relationship before the end of its official term. To do this, you need to inform the person in writing about the decision made at least three days in advance, state the reasons for terminating the contract and recognizing the specialist as unsuitable for the position. An employee can appeal such a decision of the employer in court, so it is important to carefully analyze his activities.

If the procedure for concluding an employment contract has not been violated and if the test period has expired, and the person still remains in the organization, it means that he has successfully overcome the probationary period. And subsequent termination of the employment relationship is possible only on general legal grounds.

During the probationary period, the employee may come to the conclusion that the current position is not suitable for him, and then he has the right to terminate the employment contract on personal initiative. In this case, you will also need to notify your superiors in writing three days before leaving.

Article 67 of the Labor Code of the Russian Federation says the following about the procedure for concluding an employment contract: an employment contract must be concluded in writing. The document is prepared in two copies, which are certified by signatures of both parties. One contract goes to the employer, and the other to the employee. It is important that the employer’s copy bears the signature of a specialist, certifying that he received his copy.

Hiring a new employee by order of the enterprise, which is drawn up based on the signed agreement and the terms included therein. The order must be submitted no later than three days after the actual return to work. Upon request, the employer must also provide the employee with a certified copy of the order.

The third stage - the beginning of labor relations

The employment contract comes into force from the moment of its conclusion, in other words, when the agreement is signed by both parties. Industrial relations are also possible without a written agreement, but with actual permission to perform duties on behalf of the manager.

The employee must begin to perform his duties on the very day specified in the contract. If the date of commencement of activity is not specified in it, then the first day is determined to be the day following the conclusion of the contract.

The employer has the right cancel the employment contract, if the new employee does not report for duty within the period prescribed by law or contract. In this case, industrial relations do not even arise, and the canceled document is recognized as not concluded.

According to the law of the Russian Federation, any restriction of rights or establishment of direct or indirect advantages when concluding an employment contract, due to any factors other than business and professional qualities (unless this is provided for by the laws of Russia as an exceptional case). It is unacceptable to be guided not only by the candidate’s experience, but also by his gender, age, race, nationality, social or financial status, origin and even place of residence (the presence or absence of registration in a certain place also cannot be considered an adequate requirement for an employee).

A candidate who has not received a job has the right to contact the employer and demand that they send him reason for refusal in writing. Any negative answer can be appealed in court.

Dismissal at will: rules and pitfalls

How is an employment contract concluded with a director?

The employment of a hired manager is regulated by the Labor Code of the Russian Federation (Article 275), the constituent papers and charter of the company, as well as state legal norms. Hiring an employee of such a high level can only owner of the organization.

There are several paths to a leadership position.

Purpose for the position. The business owner or government issues an order hiring a candidate for a position. The state can also act as an employer when concluding an employment contract. When a company has only one owner, he decides to sign documents and appoint a new manager.

Competition for filling a position. The state institution issues its own regulations on organizing a competition to select a new director or manager, and then conducts the selection on the grounds and conditions specified in it.

Election– a path relevant for open joint-stock companies and limited liability companies. For example, the head of an enterprise is nominated by shareholders at a corporate meeting or by the company’s board of directors (if the charter documents provide for such a procedure). The conclusion of an employment contract with the director is carried out after his election on the basis of a majority vote.

If with a leader an employment contract is concluded, then it is important not to forget about its features.

For example, with directors of state (municipal) institutions, as stated in Article 275 of the Labor Code, sign a standard agreement in the form established by the Russian Tripartite Commission for the Regulation of Labor Relations and the Government of the Russian Federation.

With heads of commercial organizations sign an agreement, which is developed at the request of the owner and his authorized representatives based on labor law norms and the constituent documents of the company.

To correctly conclude an employment contract, he must contain:

responsibilities and rights of the employer and hired manager;
established wages;
amount and terms of compensation;
conditions under which termination of work is permissible.

The employment contract with the manager can be terminated for the reasons described in Article 278:

bankruptcy of the company or its debts;
making a decision by the business owner or an authorized representative or body to sever the employment relationship with the hired manager. This reason may lead to termination of the contract at a unitary enterprise by decision of the authorized owner (the procedure and requirements are established by the Government of the Russian Federation);
other reasons specified in advance during the process of concluding an employment contract.

If the agreement is terminated at the request of the owner of the company, Article 279 of the Labor Code provides for payment compensation to the dismissed manager. Their volume is determined in the contract or local regulations, but cannot be less than three times the average monthly salary.

The constituent documents of the enterprise establish term concluding an employment contract. This period is also determined by written agreement of the parties.

Sign the contract LLCs can:

a meeting participant who served as chairman when a director was elected;
the person who received authority from him;
if the company's charter or other local regulations provide for this, then the chairman of the board of directors.

In joint stock companies the procedure is carried out similarly.

In a government organization To conclude an employment contract, a representative of the executive body is involved, who acts on behalf of the state as the owner of the enterprise.

In the first order issued by the director, the fact of his assumption of office is recorded. If we are talking about a manager appointed to a government agency, then the order specifies information about the document issued by the executive authority on behalf of the employing state.

An entry is made in the work book that an employee was elected or appointed to the position of head of the company based on a decision of the board of directors or a meeting of shareholders.

Government agencies fill out the personal file and documents of the head and note that he was appointed to position director.

Is it necessary to conclude an employment contract with the director if he is the owner of the company?

It seems counterintuitive to sign an agreement with yourself if the CEO is also the owner of the business. But experts disagree about this procedure.

There is no need to enter into an employment contract. In Chapter 43 of the Labor Code of the Russian Federation, Article 273 describes a similar situation and establishes that if the director of an enterprise is also its only employee, then he should not sign a contract with himself. At the same time, experts note that Article 182 of the Civil Code prohibits concluding “transactions on behalf of the represented person in relation to himself personally.” In theory, the general director cannot make any transactions on behalf of the company with himself, since he is the bearer of both his own interests and the interests of the organization. On the other hand, this may not apply to labor relations, because the director is an executive body in one person, so from this position he cannot be considered a representative of civil society falling under Art. 182 of the Civil Code of the Russian Federation.
An employment contract must be concluded. Lawyers who defend this approach argue that the head of the company is also its employee, which means that if he works within the company, then concluding an employment contract with the director is mandatory in accordance with Art. 16 Labor Code of the Russian Federation. The agreement can be signed by the employer either by the director himself, if he is the owner of the business, or by one of the other founders of the enterprise, if there are several of them.

The second position in this matter is also supported by the fact that the absence of a registered document on the employment of the director (owner) of the business can lead to troubles with the tax or labor inspectorate, as it can be defined as a violation of the law:

Violation of fiscal legislation. According to Article 252 of the Tax Code of the Russian Federation, confirmed and justified expenses from an economic point of view can be included in the company’s expenses and reduce the amount of taxable profit. Thus, some tax authorities, if an employment contract had not been concluded with the director, did not consider the attribution of his wages to expenses justified and acceptable. If the company had a signed agreement, it would give the right to consider the manager's remuneration as part of the wage fund.
Violation of labor laws. Article 67 of the Labor Code of the Russian Federation does not describe a single exception to the question that labor agreements must be signed with all employees of the enterprise. Since the general director is also a member of the team, the company may be fined by the inspectorate if the conclusion of an agreement with him was not completed in a timely manner.

Expert opinion

Supervisory authorities require that employment contracts be concluded with all employees, including the general director

Evgenia Kotova,

General Director of Audit-Eureka LLC, St. Petersburg; Candidate of Economic Sciences; arbitration assessor of the Arbitration Court of St. Petersburg and Leningrad Region

Even if the contract with the general director does not carry any meaning, it is worth drawing up and signing, since the authorities inspecting the company treat this strictly formally. Since the labor and tax inspectorates, the Pension Fund and the Social Insurance Fund believe that concluding employment contracts with all employees is mandatory, it is better to play it safe and sign an agreement with the director. By the way, when opening an account, bank lawyers also look at the existence of an agreement.

If the owner of the enterprise does not want to prepare this document, then each inspection will require explanations and evidence. Moreover, regulatory authorities may hold him accountable, and the conversation will have to continue in court.

For example, my company has only two founders, one of whom I am, so we signed an agreement with the second founder.

Rules for concluding an employment contract, which distinguish it from a civil contract

Civil contracts in the field of labor state that the employee (he is not a member of the enterprise team) has received a certain task, the result of which is known in advance (draw an illustration, make repairs, write a book). An employment agreement establishes a relationship in which a specialist is employed in accordance with his qualifications in a certain position.
In a civil contract, the result is important, but in a labor contract, the fact that the employee independently performs his functions is important.
Violation of the requirements specified when concluding an employment contract (deviation from the company’s internal regulations) leads to dismissal or disciplinary punishment. But violation of a work contract, which is not an employment contract, entails civil liability.
If there is an employment agreement, the employer must create the conditions for the activity.
The employer, under an employment contract, assigns a fixed permanent payment, and under a civil law contract, a one-time remuneration.

Conclusion and execution of an employment contract: 5 common mistakes

Error 1. The employer does not enter into an employment contract with a specialist.

Most often they make this mistake. Instead of an employment agreement, entrepreneurs sign a civil contract, hoping that they will save on taxes, and at the same time avoid all mandatory payments and concessions for the employee (they will not reimburse sick leave, vacations, compensation for severing relations with the employee, downtime, etc. .).

However, this is not a panacea, since part three of Article 5.27 of the Code of Administrative Offenses from January 1, 2015 provides for liability in the form of a fine for using this loophole. If it is discovered that the employer did not use an employment contract in a situation where it was necessary, then the official will pay from 10 to 20 thousand rubles, and the organization - from 50 to 100 thousand.

Error 2. The start date of work and the period of validity of a fixed-term employment contract are not indicated.

If the term for concluding a fixed-term employment contract is not specified in the document, then the employee will have every right to refuse to leave at the moment intended by the employer. And the latter will have no grounds for dismissal.

Error 3. The place of work is not indicated.

This clause must be specified in the contract, especially if the employee is hired to perform labor functions in a separate division of the company in another location (see Article 57 of the Labor Code of the Russian Federation).

If the place of employment is not specifically indicated in the agreement, then the specialist may not come on the first working day. And he will be right, since even in court he will be able to reject a disciplinary sanction, explaining absenteeism by the fact that the contract does not contain all the necessary information about working conditions.

Error 4. Working hours and number of vacations are not indicated.

If, when concluding an employment contract, you do not specify the specialist’s rights to rest and his work schedule (duration of shift, number of working days per week, time for lunch breaks, shift schedule, weekends, etc.), then in fact he is not obliged to be in the right time at the workplace, and will have the right to perform his functions whenever he wants.

If a disabled person is hired for a position, then the 31 days of vacation allotted to him must also be indicated in the agreement.

Often small organizations ignore the description of the operating mode and use inaccurate phrases. However, the State Labor Inspectorate notes such general wording and requires amendments to be made to incorrectly drawn up contracts.

Error 5. Lack of information about the place and timing of payment of wages.

In fact, this item is standard and simply does not need to be changed or deleted. The Labor Code of the Russian Federation states that wages are paid to employees twice a month on the days specified in the employment contract, local acts or collective agreement.

Exchange agreement: sample, examples, important conditions and obligations of the parties

How to check that the conclusion of an employment contract has been completed correctly

We recommend a software solution called “Check the employment contract!”. This is a web service that can determine whether a specific agreement complies with the requirements of Russian law.

The online service is available on the Rostrud portals “Work in Russia” and onlineinspektsiya.rf. You can go to one of these sites with an electronic version of the draft contract in hand, or check an existing one.

In turn, specialists who have already concluded a contract can use the “Check the employment contract!” service. on the website “Onlineinspektsiya.rf” and see whether their legal rights are respected. If inconsistencies are identified, the employee has the right to contact the state labor inspectorate through another portal service - “Report a problem.”

Information about the experts

Sergey Sichkar, co-owner of Arka Group company, Krasnodar; Candidate of Economic Sciences. "Arka Group" Identification of financial and legal risks when buying or selling a company. Estimation of the market value of a business, shares, shares. Development of financial models and business plans. Work throughout Russia with companies with revenues of 50 million rubles per year.

Evgenia Kotova, General Director of Audit-Eureka LLC, St. Petersburg; arbitration assessor of the Arbitration Court of St. Petersburg and the Leningrad Region; Candidate of Economic Sciences. Audit-Eureka LLC has been operating in the audit services market of St. Petersburg since 1996. The company is a member of the Audit Chamber of St. Petersburg and the Audit Chamber of Russia. “Audit-Eureka” is an information partner of the publications “Business Petersburg”, “DP-Consultant”, “Glavbukh”, “Tax News”, “Entrepreneur of Petersburg”, etc. Clients include enterprises in the construction, trade and manufacturing sectors, as well as budget institutions. The auditors' liability is insured by Rosgosstrakh-Severo-Zapad LLC.

Having made a job offer, an organization or individual entrepreneur is obliged to enter into a contract with the employee employment contract– an agreement between the employer and employee, describing the rights and obligations of participants in the labor process.

Myself process of drawing up an employment contract has a number of nuances, which, having worked out in advance, will protect you, both yourself as an employer, and the employee you hire from possible mutual ambiguities and conflicts.

It is worth noting that before concluding an employment contract, the employer is obliged to familiarize the employee (against signature) with the organization’s internal labor regulations, regulations on remuneration, as well as other local regulations directly related to work activities.

In accordance with the requirements of the Labor Code of the Russian Federation (Article 67) employment contract must be concluded in writing.

The document must contain the following information (Article 57):

Full name of the employee and his passport details;
name of the employing organization;
Full name and position of the representative of the organization signing the contract;
if the employer is an individual, then his full name and passport details;
Employer's TIN (except for individuals who are not individual entrepreneurs).

Also employment contract must clearly describe the conditions under which the employee is employed by the organization. This is the place of work (indicating the structural unit), the name of the position (specialty and/or profession) with an indication of qualifications or a list of professional responsibilities, conditions of remuneration (this includes the amount of the official salary, as well as additional payments, allowances and bonuses), the condition of mandatory employee social insurance.

Additional terms

In some cases in the employment contract the following are also prescribed: the employee’s working hours and rest time (if it does not coincide with the regime for the rest of the staff); the procedure and scope of providing compensation for work in harmful/hazardous production; working conditions of a special nature (traveling, on the road, etc.).

Undoubtedly, the contract must include the start date of work, and if the contract is fixed-term, then the event that will serve as the basis for the expiration of such a contract (for example, an employee returning from maternity leave, signing a work acceptance certificate, etc.). The place and date of the contract are also indicated.

At the discretion of the employer employment contract conditions may be prescribed for the employee to undergo a probationary period in order to verify his suitability for the position. The trial period cannot exceed three months. A longer probationary period (6 months) can be established for heads of organizations and their deputies, chief accountants and their deputies, heads of representative offices or other separate structural divisions.

It is important to note that the absence in the employment contract of any mention of probationary period means that the employee was hired without testing.

Also, among the additional conditions included in the employment contract, there may be conditions on non-disclosure of state or commercial secrets; about the employee’s obligation to work after completing training, if such training was carried out at the expense of the employer.

Remember that the employment contract is drawn up in duplicate, each of which must contain the signatures of the parties. One copy of the contract remains with the employer, the other with the employee.

The final stage of hiring is the publication of the relevant employment order(Article 68), which the employer is obliged to give to the employee for signature within three days from the date of the actual start of your work in the organization.

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