The interaction between the employer and the employee begins after a written agreement on the agreements reached is signed -.

An employment contract is a document that regulates the rights and obligations of both the employer and the employee.

It specifies what functions are assigned to accepted person, as well as in what working mode he will be required to work. The employer has an obligation to pay for the work performed in the agreed amount and to provide the employee with decent working conditions and timely rest.

Species employment contracts are divided into categories that depend on the validity period, the nature of the future employment relationship, and the type of employer. Each of them has its own characteristic features which must be taken into account when making a conclusion.

IN Russian Federation labor regulation is carried out by various legal acts. Labor Code The Russian Federation occupies a leading position in this list; it spells out all the main postulates that are mandatory for use in regulation between the employer and employees.

The third section of the Labor Code of the Russian Federation specifies what types of agreements exist, as well as what their features are.

The duration of the contracts varies as follows:

1. , which are limited by strictly established time frames. This type The contract assumes a maximum duration of no more than five years.
2. Indefinite, without established restrictions.

It is important that the employer does not have the choice to conclude this or that document. He is obliged to be guided exclusively by the clauses of the law, which stipulate when and in what cases a particular agreement can be concluded. Violation of established norms threatens the employer with administrative punishment.

Fixed-term contract

Employers - organizations

If the employer is legal entity, then they enter into agreements with hired persons from a representative. The organization itself cannot carry out any actions, so it is always represented by an authorized person. The authorized person is general manager or leader. And in case of his absence, his official deputy or another person officially acting.

A director can represent the interests of a legal entity on two grounds:

1. According to the Charter of the enterprise.
2. By proxy.

Most often, powers are issued to the director through a power of attorney, which is renewed annually.

The power of attorney is official and notarized. Any agreement in its preamble contains information about the employing organization and the person representing it, as well as about the employee being hired.

Employers - individuals

The list of individuals who can be employers includes:

1. Lawyers and notaries with private practice.
2. Private individuals who hire mercenaries to perform the work of nurses, nannies, drivers, and cooks.

What types of employment contracts are there for individuals? An agreement concluded between two individuals is not very different from a document signed by a legal entity on one side.

Such contracts also stipulate:

1. Responsibilities of the employee.
2. Terms of payment.
3. Reward amount.
4. Special conditions that must be met (for example, confidentiality).

The agreement is drawn up in two copies and signed by both parties; its notarization is not necessary, although it is possible.

Contract on state (municipal) service

Employment contract and its various types is also concluded with civil servants. Such agreements have some distinctive features.

The main difference between a government contract is that the director enters into an agreement not on his own behalf, but on behalf of the body that he is authorized to represent.

A municipal employee enters into relations with a government body, and not with its specific representative. This conclusion procedure significantly affects further legal relations, which cannot be terminated at the request of a specific representative, but can only be terminated in the interests of the state body itself.

Otherwise, the agreement must provide for all the same aspects:

1. Responsibilities of the hired employee.
2. His work schedule.
3. Salary.
4. Method and time of payment.
5. Rights and obligations of the parties.

In view of these features, it is legitimately believed that government contracts have a greater degree of protection of social guarantees than other agreements.

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Employment contract: concept, types.

1. The concept of an employment contract.

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 ensure working conditions provided for by this Code, laws and other regulatory legal acts, collective agreements, agreements, local regulations containing labor law norms, 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 in the organization. The parties to the employment contract are the employer and the employee. The employer can be a legal entity or individual(usually an individual entrepreneur). An employee can be a citizen of at least 16 years of age (employment is permitted to perform light labor in free time from study upon reaching the age of 14 with the consent of parents, adoptive parents, or guardian).

Types of employment contracts

The types of employment contracts based on their duration can be determined as follows:

for an indefinite period;

for a certain period no more than five years (fixed-term employment contract), unless a different period is established by federal laws.

The main type is the contract for indefinite period, and this is what it should be in most cases.

A fixed-term employment contract is concluded when the employment relationship cannot be established for 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 Part 1 of Art. 59 of the Labor Code (for example, temporary work, seasonal work, commissioning, etc.).

And it should be borne in mind that in the cases provided for in part two of Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract can only be concluded by agreement of the parties to the employment contract. This means that the employer’s refusal to hire due to the employee’s desire to sign a contract for indefinite period will be unlawful if it is not based on the business, professional qualities of the employee, and he can check this during the probationary period.

If the employment contract does not specify the duration of its validity, the contract is considered concluded for indefinite period.

In the event that neither party requested termination of a fixed-term employment contract due to its expiration and the employee continues to work after the expiration of the employment contract, the condition on the fixed-term nature of the employment contract loses force and the employment contract is considered concluded at indefinite period.

Types of employment contract by the nature of the labor relationship:

employment contract at the main place of work;

employment contract for part-time work (Chapter 44 of the Labor Code of the Russian Federation);

an employment contract for temporary work for a period of up to two months (Chapter 45 of the Labor Code of the Russian Federation);

employment contract for seasonal work (Chapter 46 of the Labor Code of the Russian Federation);

an employment contract to work for an employer - an individual (Chapter 48 of the Labor Code of the Russian Federation);

employment contract for work from home (Chapter 49 of the Labor Code of the Russian Federation);

contract on state (municipal) service.

The contract can also be classified as a type of employment contract, taking into account the peculiarity that the main legal regulation is contained in special laws regulating certain types of state (municipal) service, and labor legislation applies to the extent not regulated by special laws.

Labor legislation and other acts containing labor law norms do not apply to the following persons (unless, in accordance with the procedure established by law, they simultaneously act as employers or their representatives):

military personnel in the performance of military service duties;

members of boards of directors (supervisory boards) of organizations (except for persons who have entered into an employment contract with this organization);

persons working on the basis of civil contracts;

other persons, if established by federal law (Article 11 of the Labor Code of the Russian Federation).

8. HR service in a modern organization: role, functions, structure

9. Personnel management system in the organization: problems of formation and development

10. Human resource management functions: their hierarchy and relationship

11. Personnel management methods and comparative characteristics of their effectiveness

12. Social and psychological methods of management. Evaluation of the effectiveness of their use in modern conditions.

13. Economic methods of management and the purposes of their application in the organization

14. Administrative management methods: possibilities and limitations of use

15. Personnel policy of the organization: content, types, focus, subjects

16. Organizational culture as a management problem or practice

17. Functions and structure of organizational culture as a tool for personnel management

18. Types of organizational culture, their features and social and practical significance

19. Problems of formation, development and maintenance of organizational culture

20. Personnel planning, methods for determining the quantitative and qualitative needs of an organization (company) in personnel.

21. Analysis and design of the workplace: concept, stages, methods

23. Personnel selection: technology, methods

Stages of external personnel selection:

1. Search for applicants

24. Interview as the main method of personnel selection: socio-psychological problems

Interview preparation algorithm:

25. Personnel marketing as a practical activity of personnel management services

2 Principles for interpreting personnel marketing:

26. Modern labor market: concept, functions, structure, problems and solutions

27. Main types and forms of employment of the population as a problem of personnel management

28. The role of population migration in the distribution of labor resources as a problem of personnel policy

29 Professional guidance of personnel as a type of activity in the field of personnel management (personnel management)

1. Career guidance services to the population (vocational education, vocational information).

2. Professional consulting.

30. Personnel adaptation: forms, types, socio-psychological problems

31. Employee adaptation program: content, stages, implementation problems

32. Professional and personal development of personnel as the task of the organization’s personnel management service

33. Labor potential of the organization, methods of its assessment and development

34. Social environment of the organization (opportunities and problems for personnel management)

35. Social and psychological climate in an organization (structural unit) and methods for its measurement, assessment and optimization

36. Relations in the work team are the subject of the socio-psychological competence of the manager

37. Social policy of a modern organization: concept, methods for assessing its effectiveness

38. Social responsibility of an organization in a market economy as a management problem

39. Types and forms of personnel training: need, necessity, effectiveness

40 Labor costs and personnel costs as a management problem

41. Personnel assessment: content of assessment, its subjects, stages of assessment

42. Methods of business assessment of personnel, their socio-psychological significance and managerial effectiveness

Methods:

43. Requirements of federal legislation and local regulations for personnel certification in government agencies and commercial organizations

44. Organizational behavior as a problem of personnel management

45. Methods of analysis and assessment of organizational behavior: their relationship and effectiveness

46. ​​Communications in organizations: concept, types, structure of the communication process, its contradictions and barriers

47. Change management in an organization as a personnel problem. Overcoming Resistance to Change

Phases and strategy of change

Resistance to change.

48. Business career: concept, types, criteria for success.

Success criteria:

49. Types of career process, career stages. The nature and essence of careerism

1. According to the nature of the course:

2. According to the degree of stability, continuity:

3. If possible:

50. Intra-organizational career planning: necessity and opportunities

51. System and methods of stimulating personnel in the organization

52. Basic content theories of motivation: premises and consequences

53. Process theories of motivation and their application in practice

54. Principles of building a personnel incentive system, incentive mechanism, problems of its formation and development

55. Leadership styles: concept, types, problems of effectiveness

56. Conflicts in an organization: concept, causes, classification, diagnostic problems.

57. The dynamics of the conflict and ways to end it at different stages

58. Conflict management in an organization: forecasting, resolution, behavioral styles, socio-psychological technologies

59. The role of a manager in conflict management in an organization: professionally important qualities and abilities

60. Negotiations as a way to resolve conflicts, technology of principled negotiations

Negotiation technologies.

I. Preparatory stage:

II. Start of negotiations:

61. Remuneration of personnel: functions, structure, place in the personnel incentive system

62. Basic rules for the use of monetary rewards in the personnel incentive system

63. Comparative characteristics of forms of remuneration and their significance for personnel management

64. Composition of the wage fund, features of its formation in government agencies and business.

65. Bonus system as a tool for stimulating personnel: main types of bonuses and their use.

66. Additional payments and salary allowances, types and purpose

67. Concept and composition of the compensation package, its social significance for the employee

68. The concept of personnel budgeting and its main stages

The effectiveness of the personnel management system as a problem of theory and practice.

Efficiency of labor activity: concept, methods of increasing the efficiency of labor activity in the field of management.

Release of personnel. Outplacement as a modern technology for staff releases

Group dynamics, the phenomenon of group cohesion and its use in personnel management

Problems and technologies of forming a team from the organization’s personnel

Role distribution in a work group: role relationships and conflicts, their nature and dynamics.

The concept of leadership and management: general and specific, comparative analysis

Health and safety of personnel as a problem of personnel management

1.3. The occupational safety management system should provide for:

Personnel audit, its types and methods of conducting

Stages of conducting a personnel audit

Features of personnel management in Japan (general and unique)

American model of personnel management (context of globalization)

82. Main characteristics of personnel management in Western European countries

Modern practice of personnel management in domestic organizations: analysis of problems and trends

84. Development of the organizational structure and staffing of the organization: stages and methods

The concept of an employment contract, types of employment contracts

Rights and role of trade unions in organizing

Chapter II of the Trade Union Law deals with trade union rights. This law provides for the following rights:

Labor disputes and the procedure for their resolution

Methods for studying working time costs. Working day photography technology

Rules for preparing and holding office meetings

The composition and content of personnel documentation, the main documents regulating personnel management as the basis of personnel discipline

1. The concept of an employment contract, types of employment contracts

Employment contract - this is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to ensure working conditions provided for by the Labor Code, laws and other regulatory legal acts containing labor law norms, to pay the employee wages in a timely manner and in full. payment, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force in the organization (Article 56 of the Labor Code of the Russian Federation) “Labor Code of the Russian Federation” dated December 30, 2001 No. 197-FZ (as amended on October 18, 2007)

An employment contract is the legal form that provides the maximum opportunity for the employer to freely select the workers he needs, taking into account his own interests and needs. Consequently, the employment contract reflects freedom of labor and the contractual principle of regulating labor relations, allowing the parties to freely and voluntarily choose each other based on their private interests in the labor market. This reveals the important social and economic role of the employment contract.

Subject of the employment contract is the “labor force” of a particular person, which is defined as the totality of a person’s physical and spiritual abilities.

Thus, from an economic point of view, an employment contract is a contract for the purchase and sale of labor, and from a legal nature it is a contract for the hiring of labor. An equally important function of an employment contract is that it serves as a legal form of labor organization in an enterprise (organization, institution).

The employment contract must indicate the last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual). The name of the employer must be indicated, indicating the location, as well as the account from which funds, in particular arrears of wages, can be collected.

From Part 2 of Art. 57 of the Labor Code of the Russian Federation it follows that essential terms of the employment contract are:

1) place of work (indicating the structural unit);

2) start date of work;

3) the name of the position, specialty, profession indicating qualifications in accordance with the organization’s staffing table or a specific labor function, and if, in accordance with federal laws, the provision of benefits or restrictions is associated with the performance of work in certain positions, specialties, professions, then the name of these positions, specialties, professions and qualification requirements for them must correspond to the names and requirements specified in the qualification directories approved in the manner determined by the Government of the Russian Federation;

4) rights and obligations of the employee;

5) rights and obligations of the employer;

6) characteristics of working conditions, compensation and benefits to employees for working in difficult, harmful and (or) dangerous conditions;

7) the work and rest regime, if in relation to an employee who has entered into an employment contract, it differs from the general rules established in the organization;

8) terms of remuneration, including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments;

9) types and conditions of social insurance directly related to work activity.

Types of employment contracts

Employment contracts can be classified on various grounds. For example, depending on what type labor activity formalized by an employment contract.

By type of work activity can be distinguished:

Employment contracts for service,

Employment contracts for the performance of work in blue-collar professions,

Employment contracts concluded with specialists and technical workers.

- general working conditions appear in the employment contract from the content of current legislation;

- special working conditions appear in the employment contract by agreement of the parties, subject to compliance with legal requirements. To the number special conditions may include additional benefits and benefits compared to the legislation, additional measures of financial liability and grounds for termination of employment relations with certain categories of employees.

In the science of labor law, other criteria for the classification of employment contracts may appear, which, of course, will have not only theoretical, but also practical significance.

In Art. 58 of the Labor Code of the Russian Federation, the classification of employment contracts is carried out depending on their validity period. This norm allows us to distinguish the following types of employment contracts.

Employment contracts concluded on indefinite period.

By general rule an employment contract is concluded with an employee for an indefinite period. Naturally, the expiration of the contract cannot be used as a basis for terminating a contract with an indefinite period. In this connection, an employment contract with a limited duration is more acceptable for the employer.

Employment contracts concluded for a specified period period no more than five years, that is fixed-term employment contracts. Fixed-term employment contracts can be concluded only in cases, an exhaustive list of which is given in federal laws.

The validity period of the employment contract must be specified in the employment contract and in the order (instruction) on hiring. The absence of a condition on the urgency of the employment contract in these documents serves as evidence of the conclusion of an employment contract for an indefinite period. The employer and employee have the right to terminate the employment relationship upon expiration of the employment contract.

If neither party has requested termination of a fixed-term employment contract due to the expiration of its term, and the employee continues to work after the expiration of the employment contract, the employment contract is considered to be concluded for an indefinite period.

Current legislation does not provide for procedures for re-signing fixed-term employment contracts. Therefore, the continuation of work in the previous labor function after the end of the employment contract, formalized by a new employment contract, means the continuation of the employment relationship. In this connection, labor relations arise between the employee and the employer for an indefinite period.

An employment contract concluded for a specific period in the absence of grounds established by federal law is considered an agreement with an indefinite duration.

A decision on this can be made by the state labor inspectorate or the court. Therefore, in a fixed-term employment contract, as well as in an order (instruction) on hiring, it is necessary to indicate not only the term of the employment contract, but also the legal basis for its conclusion.

A fixed-term employment contract must be concluded before the employee is actually allowed to work. In Part 4 of Art. 57 of the Labor Code of the Russian Federation establishes a written form for the terms of the employment contract. The actual admission of an employee to work without a written employment contract with a certain period of validity means that an employment relationship has arisen between the employee and the employer for an indefinite period. In this connection, the term of the employment contract must be determined in writing before the employee is actually allowed to work.

- fixed-term employment contract concluded for a period less than five years, however, the shorter term of the employment contract is due to the requirements of current legislation. An employment contract for a period of less than five years is, in particular, provided for the performance of temporary work for a period of up to two months, for the performance of seasonal work during the season.

The conclusion of a fixed-term employment contract cannot be a legal basis for limiting the rights and guarantees provided to employees who have entered into an employment contract with an indefinite period. Therefore, persons who have entered into a fixed-term employment contract must have the same labor rights as employees performing a labor function under an employment contract with an indefinite duration.

Violation of this rule may become the basis for bringing the employer's representatives to liability established by law, in particular administrative liability.

Labor legislation provides for the consolidation of legal relations between an employee and an employer through an employment contract. The very concept of an employment contract implies a fixation of the mutual rights and obligations of the parties entering into it, and different types of employment contracts are intended to provide guarantees for the protection of their rights during the validity of the contract. What types of employment contracts can an employer offer during employment?

Based on the duration of employment, it is customary to distinguish 2 types of employment contracts: fixed-term and indefinite.

In labor law, the preferred option among other types of contracts is an open-ended one. It is he who is offered for hiring an employee on staff for permanent job, but concluding an open-ended agreement is not always possible.

If the type of work is seasonal in nature, associated with a type of activity that is not core for the employer, replacing an absent employee, or other circumstances set out in the code, then the employment contract specifies the term of employment, and this option is called fixed-term.

Types of fixed-term employment contracts

Fixed-term employment contracts are classified into types based on the periods for which they are concluded:

• absolutely certain; These types of employment contracts are applicable when electing a person to a post held by election results,
• relatively certain; signed with employees recruited to the staff of a company created for a certain period, for example, for the period of construction,
• conditionally urgent; are used to register employees replacing employees during the period of their temporary absence.

In terms of validity, all of the above types of TD can be concluded for a maximum of five years.

Differences in the nature of work

The types of employment contracts concluded with employees differ according to the nature of the work:

• for registration on the main place of work,
• to regulate part-time work,
• for seasonal work,
• for employment by an employer - an individual,
• for home work,
• for registration in the civil service.

TO important elements The employment contract includes the types of conditions for future activities. Samples different types employment contracts include prerequisites on remuneration, work and rest schedule, compensation for special conditions labor.

The type of work is specified in the employment contract. In addition to the main aspects of work, the contract includes optional clauses on continuous improvement of skills, rental housing for the employee, and payment for mobile communications.

Differences in terms and legal status

The types of employment contracts concluded by the parties differ in terms:

• standard conditions,
• work in special climatic conditions,
• labor in night time,
• hard work in dangerous conditions.

Certain types of TD differ in legal status employee:

• employees under 18 years of age,
• persons performing family duties,
• foreign citizens, stateless persons.

It should be noted that drawing up an employment contract with a foreign citizen who has a residence permit in the Russian Federation is no different from employing an employee with Russian citizenship.

Making changes

The conclusion of an employment contract does not depend on its type. In particular, in the Russian Federation, all types of employment contracts must be drawn up in two copies and signed by the parties. After concluding an employment contract, the following types of changes can be made to it:

• employee transfer,
• changing the terms of the contract,
• change of owner of the organization,
• removal of an employee from performing duties;

The concept of changing the terms of an employment contract implies modification, transformation of the content of all types of contracts based on labor law norms. Articles 72-76 of the Labor Code of the Russian Federation include conditions that are applicable for modifying different types of employment contracts.

The need for changes caused by a change in working conditions, as a result of which the employee will work at night, in shift mode, in another city, can be included in the contract at the initiative of the employer after prior notification of this to the employee two months before the proposed changes. The employee has the right to refuse to change working conditions. In this case, the employer offers all available vacancies to the employee to choose from. If a compromise is not found, the contract is terminated.

A change of owner allows the new owner to terminate employment relations with the management team of the organization within 3 months after the transfer of ownership. This fact cannot be considered as a basis for the dismissal of other full-time employees.

The introduction of a condition related to the need to remove an employee from work is associated with his appearance in a state of intoxication at the workplace, failure to undergo a medical examination or a TB knowledge test, and other circumstances described in the legislation. During the period of suspension from work, payment wages not provided.

Termination procedure

Termination of an employment contract depends on its type. With a fixed-term type of employment contract, the legal relationship ends within the time period specified in the contract. The employer warns the employee in writing about the upcoming dismissal 3 days before the date specified as termination of the contract.

To terminate a permanent contract, the employer must present compelling circumstances. Dismissal at the initiative of an employee requires only written notification to the employer a few days before the expected date of dismissal.

In addition to individual contracts of various types, it is possible to conclude a collective agreement to regulate social and labor relations. The main points included in the collective agreement relate to the mutual obligations of the parties and are listed in Article 13 of the Law of the Russian Federation “On Collective Agreements”.

The stage of discussing the draft agreement with employee representatives is an integral part of the development of a collective agreement.

With workers, it depends on the nature and importance of the task being performed. If disputes arise between an employee and a manager, this document will certainly be in demand.

Employment contract: differences from civil law

The employee and the manager regulate labor relations on the basis of legislative acts and other legal documents, while the execution of the employment contract is not left aside. The employment relationship is not valid without the conclusion of contractual obligations.

The contract specifies what work the employee must perform, and the conditions for performing the job function must be provided for special conditions. Contractual obligations also include extracts from collective obligations, local acts and agreements, which, in turn, set out the rules from labor legislation, the amount of the established salary, as well as the regulations of the enterprise.

The labor obligation in some way relates to civil law, since it sets out all the information regarding the work performed.

Several differences between a labor and civil law document:

1. The employee works on the basis of the qualification assigned to him under an agreement concluded with the employer, and under another agreement he fulfills his duties until the desired result is achieved, for example, until the completion of construction of the facility.
2. The employee only performs the work himself according to the employment agreement.
3. The employee’s duties are subject to internal work regulations, in accordance with the labor obligation, and if violations occur, such circumstances are punished disciplinary or administratively. Failure to comply with the requirements of another agreement leads to civil liability before the law.
4. The conditions for the performance of labor duties are established by the employer.
5. The remuneration is paid according to a civil law agreement, and the salary is calculated according to the labor agreement.

Why do you need an employment contract?

Based on the requirements of legislative documents, it is recommended to consider the contract from three aspects simultaneously:

• characterizes the relationship between employer and employee, that is, the document contains reference norms to articles from the Labor Code of the Russian Federation and other regulatory documents;
• after signing the document, the citizen automatically becomes an employee of this organization;
• from the legal side, legal relations and obligations between the parties are established.

This characteristic features employment contracts, with their help relationships are regulated. Contractual obligations are bilateral.

An employee is a citizen who has reached the age of 16, but there are also cases when an agreement is concluded with 15-year-olds, this is permitted at the legislative level. It is possible to enter into contracts with persons who have reached the age of 14, subject to the provision of light labor and consent from their parents or their representatives. It is worth noting that there is no upper age limit for concluding a work contract; the main thing is that the employee meets all the criteria, that is, has passed a medical examination.

The employer is an individual, it can be a private entrepreneur or a legal entity or even a government organizational structure.

The agreement is considered valid once signed by both parties.

Main points of the employment agreement

What is the employment contract about: main points

To correctly draw up an employment contract, you need to know some nuances, including what information to include:

• the full initials and surname of the employee, as well as full information about the organization with which the employment contract was concluded;
• name and data from documents according to which the identity of the future employee is established. This could be a passport or military ID;
• number of the power of attorney of the representative from the employer who is given the opportunity to sign the contract;
• place of conclusion and date of conclusion of the contract;
• indicate the place where the work activity will be carried out;
• full name of the position in accordance with, including profession and type of work;
• establishing the start date of the employment contract;
• what kind of remuneration is provided (amount of payment, compensation and allowances);
• regulated lunch and break breaks;
• guarantees from the employer that the employee will be socially insured;
• other conditions stipulated by the contract;
• when conducting training at the expense of the enterprise, it is necessary to indicate the period of work;
• what conditions of financial support are provided, for example, pensions and insurance;
• what responsibilities of an employee exist based on the requirements of local regulations of the enterprise.

If necessary, enter additional information, and also if some conditions in the contract change, it is necessary to formalize additional agreement. The conditions specified in the latest document must not contradict the requirements of the law.

For example, these could be:

• information specifying the employee’s place of work;
• Which probation provided;
• on the inadmissibility of disclosing information.

Types of contracts depending on validity period

There are several nuances that are used when drawing up a contract. Based on the duration, there are employment contracts of the following nature:

1. Indefinitely. If there is no validity period in the contract, this means that the document is valid for an indefinite period. That is, if you need to terminate the relationship, then you should do everything in the prescribed manner in accordance with the law.
2. agreements. They are concluded for a period not exceeding five years, and it may be concluded specifically for the performance of the type of work specified in the document.

You also need to know that the document must indicate the duration of time for which the contract must be concluded, and also state the reasons on the basis of which it is not allowed to conclude a fixed-term contract. The list of these reasons is fixed at the legislative level and can be adjusted and expanded.

Based on what criteria a permanent contract cannot be concluded, the decision remains with the employer.

When agreeing on a bilateral contract, the employer's representative does not have the right not to hire an employee who does not sign open-ended contractual obligations, unless this is related to professional achievements.

The extension of a fixed-term agreement is achieved by agreement of the parties, but again for a period not exceeding 5 years. Termination is carried out from the moment of notification to the employee within 3 days. If the employee continues to work, then such contractual relationships automatically become permanent.

About fixed-term contracts

When do you need a fixed-term employment contract?

Fixed-term contracts are drawn up in the following cases:

1. The duration must initially be discussed and established. For example, persons involved in parliamentary activities, heads of university departments or governors fall into this category.
2. Contractual relationships are also established for a relatively specific period. The organization determines the scope of work that needs to be performed on the basis of this agreement.
3. Conditionally fixed-term contractual relationships are concluded with those persons who will occupy the position of a temporarily absent employee. For example, a specialist is in and there is a need to hire another employee for his position.

The reasons for concluding these types of contracts are regulated by labor legislation.

Some examples of concluding fixed-term contractual relationships:

• for the period of seasonal or temporary work;
• if the work is planned outside the Russian Federation;
• when work goes beyond daily activities;
• when carrying out work to eliminate the consequences of the situation resulting from unforeseen circumstances;
• with citizens with whom temporary relationships have been established, these include pensioners;
• if work is carried out in the Northern regions;
• with creative professionals;
• with crew representatives;
• with students in higher and secondary educational institutions;
• when working part-time;
• in other cases.

Varieties depending on the nature of contractual obligations

The nature of the contractual relationship is divided as follows:

1. The contract is on a permanent basis. The conclusion of such a relationship assumes that the employee works for this employer, in accordance with the established work regulations. At the same time work book is in the custody of the employer.
2. By . The employee performs the work assigned to him regularly, and the completion takes time free from his main activity. Contractual relations can be concluded both with a third-party employer and with the one with whom the main contract was concluded. The conclusion of such agreements is possible with any number of enterprises. But there are some exceptions, for example, a sports coach can only enter into this agreement with his employer.
3. Temporary work. This is when the work is not permanent and the duration of its execution does not exceed 2 months. For example, a designer is hired to prepare design project until the work is completed. If this work it is assumed that there is permanent place, then hiring a temporary job will not be considered legal.
4. Performing seasonal work. The contractual obligations state that the work is seasonal in nature, namely, the performance of these functions is relevant only during the season. This could be harvesting crops or snow.
5. Agreement with the direct employer. It occurs if it is necessary to have cooks, teachers or secretaries on staff. An open-ended or temporary contract is drawn up in writing with mandatory registration with self-government bodies.
6. Contractual obligations with persons engaged in work from home. The document must clearly state what materials will be used for the work, including who will purchase them. It can also be stated here that family members can also take part in this work.

It is unacceptable to enter into such agreements with:

• minor teenagers;
• if the part-time work provided is directly related to dangers and harmful conditions.

Contractual relations depending on the size of the task performed

Employment contracts are divided according to the size of the task performed

Contracts are divided based on the size of the task being performed:

1. Main place of work. An employee carries out production activities while being in one place, that is, he does everything that is specified in the contract.
2. Part-time. Such rules for concluding contractual relations apply when an employee performs production tasks in addition to his main job, but it is stipulated that the time allocated for this work is no more than 4 hours daily.

Activities carried out part-time by agreement of the parties differ significantly from, including increasing the range of services and increasing the volume of work. That is, if it is necessary to combine professions, then the work is added, and if the service area increases, then the load on the employee during the shift is added.

Part-time work activities are carried out at one place and require the same time of work; registration requires a written agreement from the employee to the main contract.

Employment contracts depending on the type of employer

Contractual relations are also divided according to the type of employer representatives:

1. Legal entity. This is an agreement with an organization or enterprise to perform the tasks set out in the document. Such agreements are the most common.
2. Individual. Labor relations are established with a private entrepreneur or his representative. At the legislative level, it is required that an entrepreneur be at least 18 years old. He is also required to fill out and pay contributions to the pension and insurance funds.

You can enter into fixed-term contracts, but the number of employees in the company should not exceed the established criteria. If the labor of a mercenary is used for personal interest, then the document must be registered with the authorities at the place of registration.

How contracts are divided depending on working conditions

Employment contracts depending on working conditions

The division of labor relations is carried out as follows:

• production activities are carried out under normal conditions labor process, that is, when carrying out work, the employee is not exposed to factors harmful to health;
• work at night (this time period includes the range from 22.00 to 6.00, but it should be taken into account that women cannot be involved in such work while they are expecting a baby and teenagers);
• labor activity (these conditions are indicated in the SOUT card, and when drawing up labor agreement it is required to indicate the duration of work, vacation, and the frequency of medical examination);
• harsh climate (such obligations are concluded with citizens who plan their activities in conditions of low or high temperatures, including on a rotational basis; the function performed can be either permanent or temporary).

The nuances of concluding a fixed-term employment contract are discussed in the following video:

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