Registration of hired employees for a specific position requires the drawing up of an employment contract. Only this document spells out the main conditions and responsibilities of all parties to the labor relationship. Let's figure out how to draw up an employment contract and what you should pay attention to when concluding it.

Conditions for concluding an employment contract

The key conditions that are assigned to the TD include:

• information about the employee and employer;
• passport details and TIN;
• information about the employer who signs the agreement, his position;
• date and place of preparation of this document;
• working conditions and list job responsibilities;
• validity period of the document;
• terms of salary payment;
• work schedule;
• compensation in the presence of difficult working conditions;
• social insurance;
• other conditions not included in the list that do not contradict current legislation.

Can't miss and additional conditions, which states:

• test period;
• financial liability of the hired employee;
• confidentiality and non-disclosure of secrets of a commercial enterprise;
• additional insurance.

The most common forms of employment contract with an employee

The Labor Code of the Russian Federation provides for two forms of drawing up an employment agreement:

• urgent, having a limited validity period (no more than 5 years);
• indefinite, the period of employment is not specified, and the person is hired for the position on a permanent basis.

To know how to correctly draw up an employment contract, it is important to pay attention to the contents of the document. It must indicate:

• details;
• conditions for hiring a citizen;
• information from all parties to the agreement;
• workplace and time, as well as other provisions.

Simply put, the content consists of mandatory points that are prescribed in the agreement and additional ones.

Important! The agreement must be drawn up in two copies.

Introductory part of the employment contract

It is general in nature and includes:

• document name, number;
• date and place of compilation;
• personal data of the employee;
• information about the employer;
• designation on the basis of which document this operation is carried out.

General provisions

Here the main provisions of the labor relations of the parties, the probationary period, the date of entry into force of the document (on the day of signing), and the date of entry into the workplace are indicated.

Rights and obligations of the parties

This part of the document is the most informative, since it clearly indicates the rights of the employee and the hirer, as well as their responsibilities. Here you can write down situations that are unforeseen in nature, the internal routine of the organization.

Download a sample employment contract

Conditions and amount of remuneration

Material remuneration for work performed must be no less than the amount established by the state. At this point, it is worth not only specifying the amount of the salary, but also the procedure for its payment, frequency (monthly, in advances, payment of funds in person or transfer to a bank card).

Working hours, rest and vacations

The information here is often entered in tabular form. When drawing up this paragraph, it is important to take into account the legislation.

The number of working hours per day cannot exceed 8 hours. Employees also have the right to paid annual leave(at least 24 days).

Working conditions, workplace

The provisions and features of the employee’s workplace are specified here. The work equipment is also fully listed, type labor activity and the presence of items harmful to health.

Grounds for termination of an employment contract

Termination of the agreement is permitted at the initiative of any of the parties to the agreement. However, there must be compelling reasons for carrying out this procedure. This clause may not be specified in the agreement itself.

Information about the parties to the agreement

This section contains the main information, without which it may be considered invalid. This includes the full names of the parties, identification documents, bank accounts, and other details.

Bonding and giving legal significance to a document occurs in the presence of signatures and seals.

Design features

To avoid getting into trouble, it is better to negotiate all the terms and conditions of employment in advance. When drawing up a document, there are no restrictions on gender, race, nationality, social, or property. Refusal to employ a pregnant woman or a woman with a child is not allowed. The existence of a violation of current legislation can be challenged in court.

Documents that an employer may require when drawing up an employment contract

1. Identity document.
2. Labor book.
3. Certificate from the FPS.
4. Military ID.
5. Diploma of Education.

Probation

In the event that no specific deadlines were specified by the employer probationary period, then it is considered that the employee was hired for the position without him. That is why it is important to specify this point and indicate exact dates the beginning and end of the test.

Important information! According to general regulatory rules, the probationary period cannot be more than 3 months, for managers and accountants - no more than six months.

AGREEMENT No. __
real estate rental

"____"____________ G.

Open joint stock company"Steel" in the face general director Petrov Petr Petrovich, acting on the basis of the Charter, hereinafter referred to as the “Lessor”, and
Limited Liability Company "Sapphire" represented by director Ekaterina Ivanovna Ivanova, acting on the basis of the Charter, hereinafter referred to as the "Tenant", on the other hand,
collectively referred to as the “Parties”, have entered into an Agreement as follows:

1. Subject and term of the agreement

1.1. The Lessor undertakes to provide the Tenant for temporary possession and use of the following real estate for a fee - non-residential premises No. _____ total area 24 sq. m on the first floor of the building located at the address: 660006, st. 60 Let Oktyabrya, 30 (hereinafter referred to as the Property), for the placement of a beauty salon.
1.2. The transfer of the Property for temporary paid use to the Tenant is formalized by a transfer and acceptance certificate (Appendix No. 1 to the Agreement).
1.3. The validity period of the Agreement is from ________________ to _____________.

2. Rights and obligations of the parties

2.1. The Lessor undertakes:
2.1.1 Transfer the Property for temporary paid use to the Tenant according to the transfer and acceptance certificate.
2.1.2. Within five working days from the date of conclusion of the Agreement, enter into an agreement with the Tenant to pay for utilities, maintenance, etc. services (hereinafter referred to as the contract for payment of services).
2.1.3. In the event of accidents that occurred through no fault of the Tenant, provide him with the necessary assistance in eliminating their consequences.
2.1.4. Notify the Tenant in writing at least one month in advance of the need to vacate and return the Property due to the emergency condition of the structures of the Property (part of it) or the need for its demolition for urban planning reasons (reasons).
2.1.5. Within thirty days, consider written requests from the Tenant regarding the use of the leased Property, its repair, re-equipment, redevelopment, reconstruction, etc.
2.1.6. When the Tenant vacates the Property, both in connection with the expiration of the Agreement or its early termination, accept the Property under the acceptance certificate in the condition in which it was provided to the Tenant, taking into account normal wear and tear and all improvements inseparable without harm to Property.

2.1.2. The lessor has the right:
2.1.2.1. Freely enter the rented Property for the purpose of periodically inspecting it for safety and compliance with the terms of use in accordance with the Agreement and current legislation.
2.1.2.2. Monitor the Tenant’s fulfillment of the obligations assumed under the Agreement.

2.2. The tenant undertakes:
2.2.1. Accept property for temporary paid use under a transfer and acceptance certificate. Use the Property exclusively for its intended purpose specified in clause 1.1 of the Agreement.
2.2.2. Within ten days from the date of conclusion of the Agreement, enter into an agreement with the Lessor to pay for services for the period specified in clause 1.4. Agreement.
2.2.3. Pay rent within the period established by the Agreement.
2.2.4. Monitor the normal functioning and technical condition engineering and technical communications, security, fire alarm, telephone network, ensure their safety.
2.2.5. Follow the rules fire safety and safety precautions, as well as industry rules and regulations applicable to the type of activity of the Tenant and the Property.
2.2.6. Avoid littering with household and construction waste courtyards, surrounding areas and common areas.
2.2.7. Immediately notify the Lessor of any damage, accident or other event as a result of which the Property could be or has been lost (damaged), and immediately take all possible measures to prevent the threat or further destruction (damage) of the Property.
2.2.8. Do not carry out hidden or open wiring and laying of communications, redevelopment, re-equipment, reconstruction, etc. Property caused by the needs of the Tenant, without the written permission of the Landlord.
If the Lessor discovers unauthorized alterations, violation of the integrity of walls, partitions or ceilings, alterations or laying of networks that distort the original appearance of the Property, these must be liquidated by the Lessee, and the Property restored to its original form at the expense of the Lessee within a period determined by the unilateral order of the Lessor.
2.2.9. As necessary, carry out current repairs of the Property at your own expense with the prior written consent of the Lessor, as well as take an equity participation (in proportion to the area of ​​the occupied premises) in the repair of the building facade, engineering and technical communications carried out by the Lessor. Carry out measures to improve the area surrounding the building, including cleaning the roofs, roofs of buildings and structures from snow and ice. In this case, these costs are not subject to reimbursement or offset against the rent.
2.2.10. Without the written consent of the Lessor, do not transfer the leased Property for sublease (sublease), do not transfer your rights and obligations under the Agreement to another person (release), do not provide the leased Property for free use, and also do not pledge rental rights or pledge them as contribution to authorized capital business partnerships and societies.
2.2.11. If the name, address or bank details, a change of manager, inform the Lessor about this by sending a written notice with receipt of receipt no later than five calendar days from the date of the relevant changes or change of manager.
2.2.12. Provide representatives of the Lessor with the opportunity to freely enter the rented Property in cases of inspection of its use in accordance with the terms of the Agreement, as well as all necessary documentation related to the subject of inspection.
2.2.13. Notify the Lessor in writing about the upcoming release of the leased Property, both in connection with the expiration of the Agreement and its early termination, no less than thirty calendar days before the expected date of release of the Property.
2.2.14. Upon termination of the Agreement, release the leased Property and return it according to the acceptance certificate to the Lessor in the condition in which it was provided to the Lessee, taking into account normal wear and tear and all improvements inseparable without harm to the Property.
2.2.15. Release and return the Property to the Lessor due to the emergency condition of the structures of the Property (part of it) or the need for its demolition for urban planning reasons (grounds) within the time limits established by the authorized bodies. In this case, the Agreement is considered terminated from the date of return of the Property.
2.2.16. Within two months from the date of conclusion of the contract, carry out at your own expense state registration An agreement with the body that carries out state registration of rights to real estate and transactions with it (if the agreement is concluded for a period of at least a year).

2.3. The tenant has the right:
2.3.1. The Tenant's income received from the use of the Property is the property of the Tenant.

3. Payments and settlements under the agreement

3.1. The tenant transfers the rent, including VAT, for each month in advance until the 10th day of the current month in the amount of ___________ rubles per month to the current account _____________________________________, indicating the following data in the payment documents: “Rent under the agreement dated _________ No. _____ “.
3.2. The first rental payment is made within ten days from the date of conclusion of the Agreement until the end of the current month.
3.3. The Tenant's costs for operational maintenance and maintenance of the property are not included in the rental amount established by clause 3.2 of the Agreement and are paid by the Tenant on the basis of the relevant agreements.
3.4. The amount of rent may be revised unilaterally without the consent of the Tenant no more than once a year. In addition, the rent cannot be revised downwards. In this case, the Lessor is obliged to notify the Lessee of a change in the amount of rent by sending him a written notice with return receipt no later than five calendar days from the date of receipt of the report of an independent appraiser on the assessment of the market rental potential of the Property. The new rent amount is considered established from the moment specified by the Lessor in the notice to the Tenant.
The tenant is considered to have been properly notified if:
— The Lessor has information about the Tenant receiving a notice of a change in the amount of rent;
— The tenant refused to receive notice of a change in the amount of rent and this refusal was recorded;
- a notice of change in the amount of rent sent to the Tenant’s last location known to the Lessor was not served due to the Tenant’s absence at the specified address, about which the communications authority informed the Lessor.

4. Responsibility of the parties

4.1. In case of non-fulfillment or improper fulfillment of obligations arising under the Agreement, the Parties are obliged to compensate the losses caused in full, including lost profits.
4.2 Payment of penalties and fines established by the Agreement does not relieve the Tenant from fulfilling the obligations assumed under the Agreement and eliminating violations.
4.3. If the Tenant fails to make payments within the terms established by the Agreement, the Tenant shall pay a penalty in the amount of 0.1% of the entire overdue amount of rental payments for each day of delay. The fine is transferred to the current account specified in clause 3.2 of the Agreement.
4.4. If the Tenant does not return the leased Property or returns it untimely, he is obliged to pay the rent to the bank account specified in clause 3.2 of the Agreement for the entire period of delay. The Tenant is also obliged to pay a penalty in the amount of 0.2% of the monthly rent for each day of delay in returning the Property.
4.5. In case of misuse of the Property or failure to fulfill the obligations established by clause 2.2.10 and (or) clause 2.2.11 of the Agreement, the Tenant is obliged to pay a fine in the amount of 3 times the monthly rent. The fine must be transferred to the bank account specified in clause 3.2 of the Agreement.

5. Procedure for changing (adding) and terminating the contract

5.1. Changes (additions) to the Agreement, with the exception of the conditions established by clause 3.5 of the Agreement, as well as its termination are possible by agreement of the Parties, which must be formalized in in writing and signed by the Parties, or in court.
A proposal to terminate or amend (add) the terms of the Agreement is sent to the other Party in writing no later than thirty calendar days before the expected date of termination or amend (add) the terms of the Agreement.
5.2. The Lessor has the right to unilaterally terminate the Agreement by notifying the Tenant thereof at least thirty calendar days before termination of the Agreement, in the following cases:
a) in case of intentional or careless deterioration of the condition of the Property by the Tenant, engineering equipment and adjacent territory or failure to fulfill the obligations provided for in clauses 2.2.2, 2.2.3, 2.2.5, 2.2.7, 2.2.8, 2.2.9, 2.2.10, 2.2.11 of the Agreement;
b) in case of non-payment or late payment of rent within the terms established by clauses 3.2, 3.3 of the Agreement for two consecutive months, regardless of its subsequent payment;
c) when using the Property (in whole or in part) not in accordance with the purposes defined in clause 1.1 of the Agreement.
G) emergency condition structures of the Property (its part) or the need for its demolition for urban planning reasons (grounds), which must be confirmed by a corresponding expert opinion.
5.3. If the Agreement is classified as an agreement concluded for an indefinite period, the Lessor has the right to cancel the Agreement at any time by notifying the Tenant in writing one month before termination of the Agreement.
5.4. Termination of the Agreement does not relieve the Tenant from the need to repay rent arrears and pay penalties.

6. Other conditions

6.1. The current legislation applies to relations between the Parties that are not regulated by the Agreement.
6.2. The terms of this Agreement apply to relations that arose before the conclusion of this Agreement from the date of actual use of the property by the Tenant.
6.3. The Tenant has no right to place advertising on the outside of the building without the consent of the Landlord. In turn, the Lessor has the right to place such advertising without the consent of the Lessee.
6.4. Disputes or disagreements arising between the Parties under the Agreement or in connection with it that are not resolved through negotiations are subject to judicial review in accordance with the jurisdiction established by current legislation.
6.5. The appendices to the Agreement are signed by the Parties and are an integral part of it.
6.6. The Agreement is drawn up in 2 (two) copies having equal legal force, one for the Lessor, one for the Lessee.

Addresses and signatures of the Parties:

Lessor:

______________________________________
Location: _____________________________________
INN _____________/KPP _____________ OKPO __________ OKATO __________

____________ ____________________________________ ______________
m.p.

Tenant:

________________________________________________

_________________________ _________________________________ ______________
m.p.

Now briefly about the rules of compilation. To correctly draw up a TD between an employee and an employer, you can use a proven sample, which most organizations have (the form and sample can be downloaded below). However, it must be borne in mind that such a document must be reviewed for compliance with the norms of this legislation.

If a company is just starting its work, it is worth using a sample from another institution. It can be found on Internet sites or in the authorities themselves.

Most best way to correctly draw up a TD - draw it up yourself. This is not easy, but such a document will provide for all the nuances of the institution and take into account the specifics of its work, as well as the wishes of the employee and the employer (an example of filling out an employment contract can be found below).

According to general rules, the contract must be drawn up in printed form (can be handwritten) and drawn up in 2 copies, each of them signed by the employee and the employer (Article 67 of the Labor Code of the Russian Federation). One sample will be given to the employee, and the second will be kept by the employer.

Attention! Article 67, Part 3 of the Labor Code of the Russian Federation states that in some cases, registration of TD in more samples are provided for by regulations.

The document must have prerequisites specified in Article 57 of the Labor Code of the Russian Federation. The contract comes into force from the moment it is signed by both parties or from the day when the employee was actually allowed to work with the permission of the employer or his representative (Article 61 of the Labor Code of the Russian Federation).

Now you know in general outline, how to draw up a TD.

Who draws up a standard document in an organization?

Who in the organization draws up this paper? Responsible for drawing up a standard TD (the form can be downloaded below) in a company is its legal department, together with employees of the HR department or the organization and remuneration department.

Components

The document must have certain points (components): data, essential and additional conditions, obligations of both parties (an example of drafting can be found below).

Data

Mandatory document details:

Essential and additional conditions

Mandatory conditions that the employment contract contains:

In the TD it is possible to indicate conditions that will not worsen the employee’s position in comparison with those prescribed by law and other regulations and legal acts. These include the following points:

Responsibilities of the parties

From the employee's side:

From the employer's side:

• Providing a workplace that meets specific labor protection requirements and the Code.
• Indication of the duration of the working day.

  For example: an employee is assigned working hours according to an approved schedule.

• Implementation of pension accumulation.
• Payout wages and additional payments with compensation in a timely manner and in full.
• Providing payments related to temporary disability, pregnancy and childbirth or an accident.
• Guaranteeing the employee's right to rest.

What should be included?

The conditions formulated in the TD are specified in Article 57 of the Labor Code of the Russian Federation:

This is what must be indicated in the text of the contract.

Registration of TD is most often undertaken by the human resources department of the institution. In this case, the employee fills out his details himself.

Where and for how long is it stored?

According to the Labor Code of Russia, the TD is drawn up in 2 copies. Both of them should be registered, after which 1 sample is given to the employee and will be kept by him, and the second is left in the HR department.

Documents describing the labor relationship between employee and employer are of great importance. For this reason, employment contracts that for any reason were not issued to dismissed employees are stored for at least 75 years.

If a company ceases to exist, it transfers documents subject to long-term storage to a special archival service. By submitting the appropriate request, it is possible to obtain the required contract.

Now you know how a sample employment contract with an employee should be drawn up (a sample and form can be downloaded above).

Conclusion

Signing a document when applying for a job cannot be considered an ordinary formality. A legally correctly completed TD is a guarantee that each party will receive the specific guarantees specified in the document.

For this reason, before signing a contract for your main place of work, you should carefully read its contents. This will allow you to identify points that do not suit the employee and avoid problems in the future. Now you know how to fill out the document correctly and what the completed version looks like (you can download the form and sample employment contract above).

After signing the agreement, the parties have mutual rights and obligations, which they must strictly observe. According to it, the citizen undertakes to work and obey the work schedule in force in the organization, and the employer undertakes to provide the citizen with the work stipulated by the document and pay wages on time.

Before concluding an employment contract, the employer is obliged to familiarize the future employee with the local regulations of the organization, job description, working hours, payment terms. After this, the completed contract forms are signed, an order is issued to hire the person and a corresponding entry is made in his work book.

Sample employment contract with an employee (2019)

Employment contract, form

The meaning of an employment contract

According to Art. 37 of the Constitution of the Russian Federation, every citizen can independently choose his type of activity and specialty. Work must be carried out under conditions that do not contradict safety and hygiene requirements. And remuneration must be paid by the employer on time and in full twice a month.

The contract, completed and signed by the parties, is a fundamental legal fact that determines the emergence, change and termination of the official relationship between the employer and employee. It establishes the legal relationship between the worker and the employer and is a set of legal norms that regulate service relations between the parties who signed the document. A sample employment contract with an employee in 2019 can be downloaded in our article.

It is necessary to distinguish an employment contract from contracts of a civil law nature (contract, copyright, performance certain type work). Despite their similarities, they differ in the following parameters:

• the subject of the employment contract is the employee’s work. The subject of civil contracts is the final result (book, painting, project);
• the employment contract presupposes personal fulfillment work, it cannot be redirected to another performer. In civil law, this obligation must be enshrined in the text of the document itself;
• Under an employment contract, the employee must obey the internal rules of the organization. In civil law there is no such obligation;
• in an employment contract, the employer must create normal and safe conditions for work. Under civil law, the employee independently organizes his workplace.

Types of employment contracts

Most often, an employment contract with employees (a completed sample can be viewed in our material) is concluded for an indefinite period of time, that is, it does not specify the validity period of the document. But in some cases, it may set a time frame depending on the nature of the work or the conditions under which it will be performed. Such cases are considered in Part 1 of Article 59 of the Labor Code of the Russian Federation.

By validity period:

• prisoners for an indefinite period;
• prisoners for a certain period (no more than 5 years).

It should be noted that a fixed-term employment contract can become indefinite. If, after the expiration of the time specified in it, the employee continues to work, the document loses its urgency and is considered concluded for an indefinite period. In this case, a new, open-ended contract does not need to be drawn up.

At the same time, an open-ended contract can become a fixed-term one, but this must be justified by the clauses Art. 59 Labor Code of the Russian Federation. To transfer, you need to terminate the previous one and enter into a new contract for a certain period.

By the nature of the working relationship:

• by main place of employment;
• at a part-time job (part-time work is impossible without concluding an employment contract, this is the main condition for this type of employment);
• temporary work (if the nature of the work requires it to be completed in less than 2 months. It can also be when replacing an employee who is on sick leave);
• short-term contract;
• with seasonal workers;
• with employees working from home;
• on state (municipal) service.

It must be kept in mind that labor legislation and other legal acts related to labor relations do not apply to certain categories of citizens, provided that they are not employers or their representatives:

• military personnel in the performance of military duties;
• persons working on the basis of civil contracts;
• other persons established by Federal Law ( Art. 11 Labor Code of the Russian Federation).

By type of employer:

• agreements concluded with organizations - legal entities and individual entrepreneurs;
• contract with an individual. In this case, the employer is an individual without registration as an individual entrepreneur. Most often, such employers enter into a contract with service personnel.

Sample employment contract (2019)

Depending on legal status employee:

• signed with minor citizens;
• prisoners with persons who have family responsibilities;
• registered with foreigners;
• signed with stateless persons.

By the nature of working conditions, the division is as follows:

• under normal working conditions;
• taking into account occupancy at night;
• concluded with citizens working in the regions of the Far North and in territories equivalent to them;
• in working conditions in hazardous production.

Types of employment contracts depending on the volume of work performed:

• about the main job;
• about part-time work.

In the first case, the employee works full-time for the employer throughout the working day. This is where he keeps his work book.

In the second, a person works in his free time from his main job. Such work cannot last more than four hours a day. The document signed with the employee indicates that the work performed is part-time work. Such a document can be concluded either at the main place of employment or with another employer. At the same time, it is possible to conclude contracts for part-time work with an unlimited number of employers, except for exceptions established by the legislation of the Russian Federation.

It is not allowed to enter into part-time contracts with persons under 18 years of age, as well as with those whose main work is classified as heavy or is performed during harmful conditions labor, if part-time work implies the same characteristics.

Particular attention can be paid to contracts concluded with management employees. When compiling them, there are some features, compared to other categories of workers, that need to be paid special attention to.

Employment contract form

Let us answer the question: in what form is the contract concluded? For this purpose, it is used, approved by Decree of the Government of the Russian Federation No. 858 of August 27, 2016.

Employment contract 2019 (a sample can be downloaded in our article) is drawn up in writing in two copies. Each copy is signed by the director and employee. One is given to the employee, the second is kept by the employer. To indicate receipt of a copy, the employee must personally sign the document kept by the employer.

If the employee began work with the knowledge of the employer, the contract is considered concluded, even if it was not drawn up in writing. Despite this, the document must be drawn up and signed within three days. You can download the form of an employment contract with an employee (2019) for free in our material.

Also, for some professions, an employment contract form can be downloaded at the end of the article.

Parties to the employment contract

The parties are the employee and the employer.

The employee is individual, who turned 16 years old. The law does not prohibit signing contracts with 14-year-olds. But some conditions must be met:

• work should be easy;
• do not violate educational process;
• the consent of an official representative, most often the parents of the teenager.

If a child is needed younger age, for example, for a role in a movie or theater, then in addition to the previous conditions, there must be the consent of the guardianship authorities. And also proof that the work will not cause physical or psychological or moral harm to the child.

An employer is a legal or natural person who is not prohibited from concluding employment contracts.

Employment contract with delivery driver

Evgeniy Malyar

# Business documentation

How to fill out an employment contract

The list of mandatory information recorded in the employment contract is specified in Article 57 of the Labor Code of the Russian Federation. Structuring into sections is optional, as is the form of the document itself.

Article navigation

• What is it
• What must be written in it
• Points of difficulty
• What documents are needed
• Features of fixed-term employment contracts
• Employment contract for remote hiring
• Part-time agreement
• Conclusions

Every citizen who has at least once applied for a job in a large organization or company is familiar with the image of a strict personnel officer standing behind his back and dictating what and how to write. At the same time, the content of the same columns of the employment contract may differ in different institutions, but the personnel department employee is always sure that his version is the only correct one, and he can justify his opinion. The human psyche is structured this way: you can read the instructions at least a hundred times, but until the task is completed independently, the skill cannot be considered mastered. This article will attempt to teach everyone how to correctly fill out an employment contract.

You can draw up a correct employment contract, taking into account all the nuances of your company, using the Documentoved service. The online designer, the assistance of a consultant and a lawyer guarantee the legal perfection of any contract. Details here.

What is it

Article 56 of the Labor Code of the Russian Federation contains a definition of the concept of an employment contract. The meaning of the wording is as follows:

An employment contract is a documentary confirmation of the legality of the relationship that arises between the employer and employee at the time of hiring and terminates after dismissal.

It must be compiled. Working without a written and properly executed employment contract in the territory Russian Federation prohibited.

What must be written in it

The list of mandatory information recorded in the employment contract is specified in Article 57 of the Labor Code of the Russian Federation.

Structuring into sections is not mandatory, as is the form itself, but for practical reasons (it’s more convenient), the text following the title “header” is usually divided into the following paragraphs:

1. Place and date of document preparation;
2. Preamble. The parties between whom the contractual relationship arises are indicated (first the employer represented by the manager or authorized officer, then the surname, name and patronymic of the future employee), followed by the text: “have entered into this agreement on the following.”
3. General provisions. This is the main informational part of the contract. It reveals the essence of a previously reached oral agreement, on the basis of which one party undertakes to perform certain duties, and the other pays her for this and provides a package of social guarantees. In particular, the following conditions must be specified:
   Position and function;
   Work schedule;
   If an employee is hired to perform duties in a remote, separate branch - place of work indicating the address;
   Obligations and rights of the parties;
   Start date of the contract;
   The expiration date of the document, if the contract is fixed-term. Without this clause, it is considered indefinite by default;
   Duration of probationary period. By default, the absence of this clause implies unconditional employment in the position from the very first day.
4. Remuneration. The amount of monthly remuneration, including additional payments and conditions for their accrual, as well as:
   Compensations, if they are due under working conditions;
   Conditions of social insurance;
   The totality of guarantees provided by the employer;
   Additional conditions (if any);
5. Signatures of the parties. The details of the employer (including TIN) and the details of the hired employee (address, number and series of passport) are indicated.

Points of difficulty

An important part of any contract is its subject, that is, what it is about. IN Labor Code this category, unfortunately, is not specified, and in others regulations There are also no specific explanations. Obviously, the implication is that this is already clear to everyone.

The subject of the employment contract is the employee’s performance of his official duties.

Additional useful information:

• The clause on the employee’s work and rest time is included in the text if the employee has not reached the age of majority or for other reasons cannot work full time;
• The wage clause must indicate the tariff in rubles. The wording “with a salary according to the staffing table” is not legally correct;
• The clause on guarantees and compensation is mandatory if bonuses are due for harmfulness or difficult working conditions;
• The seal of the organization is not mandatory attribute employment contract. If it is placed, it is desirable that the stamp does not make it difficult to read the employer’s details;
• The number of copies of the employment contract in accordance with Article 67 of the Labor Code of the Russian Federation is two, one for each party;
• If the signature from the employer is placed by an authorized person, and not by the manager, the text must contain a link to the document giving such right.

Of course, there is no need to draw up a contract with a hired employee every time. It is enough to create a standard form that meets the requirements of 2019 once and use it. However, the problem with this approach is that different samples can be different and still be correct. The criterion for their suitability is the content of the above mandatory items.

An example of filling out an employment contract with an employee:

Sample

What documents are needed

You should be prepared for any task, including drawing up an employment contract, even if you have a ready-made form. Arriving at the HR department, a job applicant must present the following set of documents:

• General passport;
• Work book;
• Diploma or other qualification certificate, if required;
• Military ID (for citizens liable for military service);
• SNILS;
• Other certification or medical documents, if employment depends on their availability (driver’s license, medical record, access to high voltage etc.)

It is not necessary to provide a TIN - such a requirement is not specified in the Labor Code, but it will not hurt to take it with you. Absence work book Those who are getting the first job in their life should not be embarrassed - it will be managed in the personnel department.

The Labor Code provides for the possibility of concluding contracts with persons who have reached the age of sixteen, and, subject to the consent of parents or guardians, from the age of 14.

Features of fixed-term employment contracts

From ordinary (typical) fixed-term contract differs in that it indicates the end date of validity (with a certain period) or certain circumstances determining its termination, but not more than within a five-year period. The conclusion mechanism and rules for document execution are regulated by Article 58 of the Labor Code of the Russian Federation.

If a fixed-term employment contract is not terminated in the proper manner, including written warning, it becomes permanent.

Fixed-term contract form:

Download

A short-term employment contract can be concluded in a somewhat simplified form, without clauses on the nature of the work and conditions of performance (with the consent of both parties), but subject to all other mandatory requirements, which allows Federal law No. 90-FZ dated June 30, 2006 (part 2):

Any employment contract that does not specify the terms or conditions for its termination is, by default, considered unlimited.

Employment contract for remote hiring

Nowadays, the practice of remote employment is used in many countries of the world, including Russia. U remote work there are many benefits for both the employee and the employer. Like any other types of labor relations, remote performance of job duties is subject to official registration in accordance with Articles 312.1 and 312.2 of the Labor Code of the Russian Federation.

From the sample employment contract concluded with the condition of remote work, it is clear that it differs from the standard one very slightly:

Download sample

The main condition for concluding such a document is the employee’s ability to perform his duties and provide results via the Internet or other means of communication, without being at a stationary workplace.

The features of a TD concluded with the condition of remote work are the following:

• The section “Subject of the contract” contains information on the performance of duties in the absence of a stationary workplace controlled by the employer;
• “Place of work” refers to the employee’s address (home or actual). Moreover, if the employee lives in the Far North or other territories with established special conditions payment, he is entitled to all allowances provided for by law;
• The document must state that if it is necessary to visit the head office, the employee receives compensation for travel and travel expenses;
• It is acceptable to include in the text the obligatory use by the employee of software and hardware, equipment, information security systems and other tools or products recommended or provided by the employer in the event of his access to confidential materials;
• The contract includes the most clear conditions for the employee’s availability through specified communication channels on certain days and hours to implement his control, as well as ways to record his presence at a remote workplace;
• The section “Employer Responsibilities”, in addition to the standard points specified by the Labor Code of the Russian Federation, contains the conditions and amounts of compensation payments for expenses on communication tariffs;
• The employee must be warned about the rules for the safe use of the equipment provided to him and the recommended technical means in accordance with paragraphs 17, 20, and 21 of Article 212 of the Labor Code of the Russian Federation;
• At the request of the employer, the work schedule clause may indicate the length of the working week (in hours) and days off.