Since 2017, employers belonging to micro-enterprises can draw up a contract of employment. The 2017 sample was approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858. The conclusion of employment contracts in this form will be mandatory if the organization decides to completely or partially refuse to adopt local regulations containing labor law norms. For other employers, the rules have not changed; we will consider employment under a contract in this article.
When hiring an employee, the main document regulating the relationship between the employee and the employer is the employment contract. The document is a legally certified agreement in writing, according to which the employee must conscientiously, timely and accurately perform their work duties in accordance with this agreement in full and on time, and the employer must provide the activities stipulated by this agreement, ensure safe conditions labor, allowing to perform the duties assigned to the employee in accordance with this contract.
From a legal point of view, the document is the main one when applying for a job, since it is in it that the conditions of employment are clearly stipulated.
By the nature of labor relations, the following classifications can be distinguished:
In terms of validity, an employment contract can be concluded both for an indefinite period, and with a limitation on the term for fulfilling labor relations, or for a temporary period to replace an absent employee. Such contracts are called fixed-term contracts.
In accordance with Art. 67 of the Labor Code of the Russian Federation, the employment contract is concluded in two copies in writing for each of the parties and is signed by the employee and the employer.
Details of the procedure for creating an employment contract are described in Article 57 of the Labor Code of the Russian Federation “Content of an employment contract”.
When drawing up a contract, it specifies:
Items that must be included in the employment contract:
But with an employee, you can conclude not only an employment contract, but also a civil law contract in accordance with the norms of the Civil Code of the Russian Federation. It is important to understand that such an employment contract can only be concluded on the condition that the work will be performed one-time in a certain period of time with time limits, for example, repairs in the office.
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If the Company intends to take on a new employee, according to the law, it is obliged to conclude an employment contract with him. This type of contract implies a clear description of all aspects of cooperation between both parties.
First of all, the contract should indicate what position the employee is hired for, for what duties he is hired. Further, the Enterprise prescribes the period for which the contract is concluded with the Employee.
The next section of the agreement describes the position that the Employee occupies in the workforce of the Enterprise.
The enterprise must clearly prescribe the list of the main duties of the Employee. Also, at its discretion, the Company may include in this section of the contract certain results that it intends to receive from the employee for the period of his work. The following describes the basic requirements for the Employee and his job responsibilities.
In turn, the enterprise undertakes to provide the employee with decent working conditions, providing him with a workplace, providing him with special clothing and timely and full remuneration.
The procedure for remuneration, the amount of payments and the amount of possible incentives is prescribed by the Company in section 5 of this agreement.
The Company undertakes to form a certain work schedule for the Employee, taking into account the time for rest and the annual main vacation. The Company also provides the employee with the possibility of social security and insurance for the entire period of work. The Employer may also indicate the possibility of providing the Employee with special benefits and services:
The employee can also count on compensation in case of premature termination of the contract by the Company.
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1.1. is hired by the enterprise as; to a position to perform work duties;
2.1. The contract is concluded between the Company and the Employee for a period of years and is valid from "" to "" years; For undefined period; for the duration of the performance of the work stipulated by this Contract (delete the unnecessary).
3.1. By concluding this contract, the Employee takes into account that the Company is.
3.2. Performing his immediate labor duties in accordance with this Contract, the Employee will proceed from the Charter (Regulations) of the Enterprise.
3.3. The employee reports directly to the manager, as well as to the Director of the Enterprise.
3.4. The employee is a full member of the labor collective of the Enterprise, participates with the right of a decisive vote in the activities of its general meeting (conference).
3.5. The employee has the right to express his personal opinion on any issue of the Company's activities.
3.6. The employee has the right, if necessary, to get acquainted with the internal labor regulations of the Company, the collective agreement and labor legislation.
3.7. The employee is guaranteed the unhindered exercise of the right to join a trade union. Discrimination of an Employee in terms of time and rest time, remuneration and other essential working conditions due to his participation in a trade union is not allowed.
4.1. The employee undertakes:
4.2. The enterprise undertakes:
5.1. For the conscientious performance of labor duties during the monthly norm of working time, the Employee is guaranteed the payment of an official salary (tariff rate) in the amount of rubles per month. The official salary (tariff) increases depending on the index of the cost of living determined by the legislation.
5.2. The employee has the right to receive various bonuses, additional payments, bonuses, and other remunerations based on the results of his activities in accordance with the remuneration system in force at the Company.
5.3. The employee is set the following remuneration based on the results of work for the month (quarter) according to the following indicators and in the amount of: .
5.4. The employee is paid remuneration based on the results of work for the year in the amount of rubles.
6.1. The employee is set a normalized (non-standardized) working day.
6.2. The monthly norm of working time is . Normal hours of work must not exceed 8 (4) hours per day. Breaks for rest and meals are not included in working hours. Overtime overtime is paid at double the rate for each hour.
6.3. The time of the beginning and end of the working day, as well as a break for rest and meals is determined by the Internal Labor Regulations of the Enterprise and the orders of the managers.
6.4. The normal duration of the working week, as a rule, should not exceed 41 (20.5) hours per week. Overtime work in excess of the normal working week is paid at double the rate for each hour. Days off are provided to the Employee in accordance with the internal labor regulations of the Company.
6.5. It is allowed, as necessary, to overwork in excess of the normal working hours, but at the same time, the working hours for the accounting period (month) should not exceed the normal number of working hours (hours).
6.6. Night time is considered from 10 pm to 6 am. Night work is paid at half the rate.
7.1. The employee has the right to annual basic leave lasting calendar days. Depending on the results of the work, he may be granted additional leave. Financial assistance in the amount of rubles is paid for annual leave.
8.1. The Employee during the period of the Contract is subject to social insurance and social security in accordance with the current legislation on labor and social security.
8.2. In case of permanent disability (disability) as a result of an accident at work, the employee is paid in addition to the one-time allowance established by law in the amount of salaries.
8.3. In case of disability due to illness or as a result of an accident not related to production, the Employee is paid a lump-sum allowance in the amount of salaries.
8.4. In the event of the death of the Employee during the period of the contract, his family is paid in addition to the allowance established by law in the amount of salaries.
8.5. In case of temporary disability, the employee is paid the cost of medicines and paid services of medical institutions, in the amount of .
9.1. Social services for the Employee are carried out by the management of the Company in accordance with the decision of the general meeting of the labor collective and at the expense of funds allocated for these purposes.
9.2. The employee is provided with the following services and benefits for social services that are not established by applicable law:
10.1. Changing the terms of the contract, its extension and termination is possible by agreement of the parties at any time.
10.2. Upon expiration of the Contract, it shall be terminated. This rule does not apply to cases where the employment relationship actually continues and neither party has requested its termination. In this case, the Contract is extended for the same period and with the same conditions.
10.3. The contract is subject to early termination at the initiative of the Employee in the event of:
10.4. The contract before its expiration may be terminated at the initiative of the Company for the following reasons:
10.5. Dismissal at the initiative of the Company is carried out on the basis of the relevant conclusion of the head of the structural unit of the Company, while observing the requirements of labor legislation.
11.1. Upon termination of the Contract on the grounds provided for in paragraphs 10.3 and 10.4, the Employee is paid a severance pay in the amount of the average monthly salary. Upon termination of the Contract on the grounds provided for in clause 10.4, the Employee also retains the average monthly earnings for the period of job search during the second and third months from the date of dismissal, if he registered with the employment service as a job seeker within 10 calendar days after dismissal .
11.2. Subject to the termination of the contract (for valid reasons), along with the payments provided for by the current legislation and this Contract, the Employee is also paid a one-time allowance in the amount of rubles.
12.1. The enterprise serves as the main place of work for the Employee; The employee is hired at the Enterprise on a part-time basis (strike out the unnecessary).
12.2. Labor functions that do not follow from this Contract may be carried out by the Employee within the Company only with the consent of the head of the structural unit and the director of the Company.
12.3. The Employee does not have the right to perform work under contracts with other enterprises and organizations related to this Contract, as well as to engage in any other type of activity in other enterprises and organizations if this may cause economic or other damage to the Enterprise. Failure to comply with this paragraph is sufficient grounds for the dismissal of the Employee.
12.4. The Enterprise pays the Employee within days after the conclusion of the Contract a one-time allowance in the amount of rubles. The allowance is not a form of remuneration.
12.5. The enterprise pays the Employee rubles on a monthly basis.
12.6. All materials created with the participation of the Employee and on the instructions of the Company are the property of the Company.
12.7. The Parties undertake not to disclose the terms of this Contact without mutual consent.
12.8. The terms of this Contract may be changed only by agreement of the parties.
12.9. The Parties are responsible for the fulfillment of obligations under this Contract in accordance with applicable law.
12.10. Disputes arising between the parties to the Contract shall be resolved in accordance with the procedure established by the current legislation.
12.11. In all other respects not provided for by this Contract, the parties are guided by the norms of the Labor Code of the Russian Federation and the Charter (Regulations) of the Enterprise.
13.1. This Contract is made in two copies: one for each of the parties and is considered valid only if there are signatures of both parties: the Employee and the Enterprise, certified by the seal of the latter.
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If you decide to take employees into your business team, you will need an employment contract. It, like an airbag, will protect you from many controversial situations and will allow you to avoid problems with the law. There have never been clear requirements for filling out the document, except for the presence of mandatory details. So it is in 2019, but something has changed - businessmen whose firms fall into the rank of micro-enterprises will be able to use a standard form specially developed for an individual entrepreneur employment contract with an employee. What for? To abandon the numerous personnel documentation that it replaces. The article answers the question of how to draw up a regular contract and a standard one.
The labor code states that both legal entities and individuals can join the number of employers. The latter are subdivided:
According to the labor legislation, individual entrepreneurs can conclude an employment contract with individual entrepreneurs. Such a document is drawn up in the standard manner, but in the header of the agreement it should be indicated that both parties have the status of an individual entrepreneur and the details of the relevant certificates.
From 2019, all individual entrepreneurs and organizations that fall under the concept of a micro-enterprise will be able to apply a standard form of an employment contract. Developed for a new employment contract between an individual entrepreneur and an employee, a sample of a standard form has a more capacious content, 99% corresponding to all legislative norms. And it replaces a whole list of regulations, which now some employers will be able to refuse:
Innovation is voluntary. That is, micro-enterprises are not required to use this particular form of an employment contract, and large enterprises are not required to use it. If an individual entrepreneur who does not fall under the micro-enterprise decides to apply the model contract, he has the right to do so. But he cannot refuse personnel documentation.
It is so established that if an individual entrepreneur does not know something, he goes to the website of the Federal Tax Service. And the attitude of the firm towards micro-enterprises is no exception. To check which type of enterprise yours belongs to, use the section "Unified register of small and medium-sized businesses".
Your enterprise could be included in the "Micro" list if it meets the following requirements:
If everything coincided, and you decided to apply a standard contract, be aware that it can be changed. It is not necessary to complete all sections. For example, if working conditions do not correlate with remote work, then the paragraph about it can simply be excluded.
The entrepreneur has the right to conclude any of the existing contracts with the employee. There are 3 in total.
It involves the employment of an individual on a permanent basis, therefore it does not have an expiration date. Typically, this type of document contains social guarantees provided by the employer and the obligations of the employee.
Employers conclude this type of contract for one purpose - to dismiss the employee immediately after the expiration of its validity. The latter they appoint at their own discretion and indicate in the document. It can be an annual contract or even a monthly one. The maximum period provided by law is 5 years. After the contract must either be extended or terminated.
According to the code of the Russian Federation enterprises cannot enter into a fixed-term employment contract unreasonably, it can be applied only if the IP accepts the employee on the following conditions:
And also if the employer employs a pensioner (by restrictions or age), or if a person goes to work for an entrepreneur who employs less than 35 people. The last paragraph of the IP can be used as the basis for drawing up a fixed-term contract with each employee.
It is necessary to warn the employee about the end of employment 3 days before the end of the contract. If it came to an end, and neither of the parties wanted to terminate the relationship, the contract is recognized as valid for an indefinite period.
This is a contract concluded for one-time work. It does not provide social guarantees, does not provide for insurance of employees, and according to it, an individual entrepreneur is not obliged to provide a tool and a workplace. The employee is employed temporarily.
In order for the employment contract concluded between you and the employee to have legal force, you must specify all the mandatory information in it:
The document must be drawn up and signed in two copies.- one will remain with the employer, the second is intended for the employee. In the place of signatures, you must indicate all the data about the individual entrepreneur and the hired individual according to the passport.
In addition to the basic information, you can enter additional information, make changes, adjustments. What to add, the businessman has the right to determine himself. Sample list of additional items:
In order not to spend a lot of time on the design of each employee, the easiest way is to create a ready-made template that meets your requirements and print it as needed.
When applying, a future employee must provide you with a certain package of documents:
If your enterprise has become the first place of work for an employee, you must provide him with a work book, SNILS. And if you employ a minor, you must ask him for written permission from one of the parents or other official representative.
By mutual agreement of the parties, an employee can work even before the conclusion of an employment contract, but according to Art. 67 of the Labor Code, a businessman is obliged to issue it on all points of the law within three days after the start of employment.
After signing the contract, draw up and sign an order to hire an employee and collect a package of papers for registration with the Pension Fund and the FSS in order to register as an insurer-employer. As soon as you moved into the category of employers, the countdown began 10 days for mandatory registration with the FSS and 30 days for the Pension Fund.
If you decide not to register yourself with the PF and the FSS as an employer, you will be fined. For filing documents with a delay of 90 days or more, you will be required to pay 10,000 rubles, less than 90 days - 5,000 rubles.
Any employer, including individual entrepreneurs, must pay contributions for each of their employees. The list for payment includes the following payments:
Plus, a businessman who earns by doing business and employing a staff is a tax agent and must pay personal income tax. The amount of tax for employees is calculated from the total amount of all deductions in their favor. This includes wages, allowances, bonuses, and some types of financial assistance.
Income tax is paid on all individual entrepreneurs. On the general taxation regime, it is mandatory and amounts to 13% of deductions in favor of individuals, but on the simplified tax system, PSN and UTII, you can not pay it.
An employment contract is a written agreement between the parties, one of which will act as an employer, the other as an employee.
The agreement will fix the main points of the legal relations of the parties:
A lot will depend on how competently and accurately the contract is drawn up. An agreement that is contrary to the basic requirements of the law may be declared invalid, and this, in turn, will entail a lot of trouble for both the employee and the company.
At the beginning of the employment contract, its parties are indicated: the full name of the employee and the name of the employer's organization. The employment agreement must contain the following mandatory items:
Location, start date.
The title of the position, which corresponds to the staffing table.
Working conditions, their description. In cases where employees are employed in harmful and difficult working conditions, the establishment of benefits and compensations, which are also prescribed in the labor agreement.
Probation. This describes the time of the probationary period, if one is assigned to the employee. Can be appointed for no more than 6 months for employees of senior positions, no more than 3 months - for everyone else. With an employee who has not passed the probationary period, the contract may be terminated, of which the employee must be notified 3 days in advance, indicating the reason for terminating the agreement.
The probationary period is not assigned to pregnant women, minors, as well as employees who were invited to the position as a transfer
The test is not assigned to graduates of universities and other educational institutions employed.
The amount of wages. The contract clearly states the amount of payment, and the procedure for payments. Local acts are indicated that regulate the payment of bonuses, allowances and various other incentive payments. The law provides for the payment of salaries at least 2 times a month.
Time of work and rest. The length of the working day, the number of days of annual paid leave must also be reflected in the contract. The provision of additional holidays is indicated when an irregular working day is expected.
The duties of an employee. Here you should describe all the functions of the employee, the work that he will be required to perform.
Rules that govern the nature of work, as well as social security. The contract must include mandatory clauses that relate to activities for:
Details, signatures.
An employment agreement is signed by the head of the organization or another person who has the appropriate authority
The signature must be stamped. One copy remains with the employer, the other is given to the employee.
According to the signed labor agreement, the employer will be obliged to provide work and ensure the working conditions indicated in the contract, pay wages in full and exactly on time.
The employee, for his part, undertakes to conscientiously fulfill the duties assigned to him and follow the rules established by the company.
To draw up an employment contract, you will need a number of documents.
The contract can be concluded with persons over 16 years of age. With the consent of the parents, the age bar can be reduced to 14 years.
The contract is concluded in writing, two copies are made.
The standard form of the contract is not legally fixed, so firms and organizations have the right to develop their own forms of contracts.
An important condition must be observed - an employment contract, in principle, should not limit and infringe on the rights of citizens concluding it
The consent of the employee to worse working conditions will not matter: the employer does not have the right to violate the established norms.
Types of employment contracts
Employment contracts can be open-ended (concluded for an indefinite period), as well as fixed-term up to 5 years (with clearly defined terms and reasons for terminating the contract).
In most cases, it is an indefinite contract. If the contract does not stipulate the term of its validity, then it will also be considered indefinite.
A fixed-term contract can be concluded if the work is intended to be performed for a specific period of time and it is impossible to conclude an open-ended contract.
For example, it can be seasonal work or commissioning. At the same time, it is prohibited by law to conclude a fixed-term contract with an employee, while pursuing the goal of limiting the rights of the employee.
If, after the expiration of the fixed-term contract, none of the parties proposed to terminate it, then such an agreement acquires the status of a contract concluded for an indefinite period.
Employment contracts can be concluded both at the place of permanent main work, and part-time. A part-time contract implies that the employee will perform certain work during the time free from permanent work.
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It is also possible to conclude an agreement with a legal entity and an individual.
After signing the employment agreement, an order for employment is issued, which must be introduced to the employee against signature
The order will contain information reflected in the contract:
It is this order that becomes the basis for calculating the salary of the employee.
Sample standard open-ended contract 
Sample part-time contract download, free, 
Sample standard term contract
The basis for the emergence of labor relations is an employment contract.
According to Article 56 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code), an employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing norms of labor law, the 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 defined by this agreement in the interests, under the management and control of the employer, the internal labor regulations in force from this employer. The basis for the emergence of labor relations is an employment contract.
The law does not provide for a unified form for such documents, so the employer can draw them up in any form.
The employment contract is drawn up in writing and drawn up in two copies, each of which is signed by the parties.
One copy of the termless (or temporary) employment contract is transferred to the employee, the other is kept by the employer. An agreement that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his representative. The employer is obliged to draw up a standard contract with him in writing no later than three working days from the date of the actual admission of the employee to work.
The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.
The form of an employment contract can be drawn up not only on paper, but in electronic form. The exchange of documents in electronic form between employers and employees is carried out using public information and telecommunication networks, including the Internet.
An employment contract must necessarily contain the conditions specified in Article 57 of the Labor Code. At the same time, the non-inclusion of any mandatory conditions in the employment contract is not a basis for recognizing it as not concluded or for terminating it. In this case, the contract must be supplemented by the missing conditions by drawing up an addendum. employment contract agreements.
The subject of both an open-ended and a temporary employment contract is the personal performance of a certain kind of work, i.e. individual labor process, its organization and conditions (in contrast to civil law contracts, the subject of which is the result of labor).
The form of the employment contract must indicate that the employee must perform work related to his function (work in a certain specialty, qualification or position), while adhering to the internal regulations in force in this organization. At the same time, the employer undertakes to provide certain working conditions provided for by law and the agreement.
The parties to the employment contract are: as an employer - an enterprise of any form of ownership, an institution, an organization, individual citizens; as an employee - citizens who have reached the age of 16 (in exceptional cases, 15 years); students who have reached the age of 14 - in the cases and in the manner prescribed by law.
Individuals who have reached the age of 18 have the right to conclude and sign completed forms of temporary and indefinite employment contracts as employers, provided that they have civil capacity in full, as well as persons who have not reached the specified age, from the day they acquire civil capacity in full (Article 20 of the Labor Code of the Russian Federation).
The essential conditions that are mandatory for inclusion in the form of an employment contract are (Article 57 of the Labor Code of the Russian Federation):
— Place of work- the name and location of the organization where the employee is accepted. If the structural divisions of the organization are located in different localities and administrative districts, then the place of work when concluding an employment contract is specified in relation to these structural divisions. Since the place of work is a necessary contractual condition, its change is possible only by mutual agreement of the parties.
— Labor function- the type of work in accordance with the qualifications for a particular profession (position) that the employee must perform. The type of work remains unchanged for the duration of the temporary employment contract. The employer does not have the right to require the employee to perform work not stipulated by the contract.
— Start date(and the date of its end, if a fixed-term (temporary) employment contract is concluded). The start time of work is a necessary condition and is essential, since from that moment on the employee is subject to the legislation on wages. Usually, the start of work follows immediately after the conclusion of the contract. However, the parties may agree on some delay in this moment. If the term is not specified, then such an agreement is considered an open-ended employment contract.
—Terms of payment(including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments). The condition on remuneration must also be considered as essential, and it must be indicated in the form of the employment contract, otherwise such a document cannot be considered concluded. In accordance with Article 129 of the Labor Code of the Russian Federation, when remunerating workers, tariff rates, salaries, as well as a tariff-free system, if the organization considers such a system the most appropriate, can be applied.
— Other conditions provided for by Article 57 of the Labor Code of the Russian Federation.
In addition, the document must be noted if it is concluded for the period of seasonal work, if it is urgent (temporary) or part-time.
The form of an open-ended employment contract may contain additional conditions, for example (Article 57 of the Labor Code of the Russian Federation):
- establishing a probationary period,
- about non-disclosure of secrets protected by law,
- about combining professions (positions),
— on the types and conditions of additional employee insurance,
- on improving the social and living conditions of the employee and his family members,
- on the obligation of the employee to work after training for at least the period established by the employment contract, if the training was carried out at the expense of the employer,
- on the duration of additional leave, as well as other conditions that do not worsen the position of the employee in comparison with the Labor Code of the Russian Federation, laws and other regulatory legal acts (Article 57 of the Labor Code of the Russian Federation).
The standard form of an employment contract with an employee contains the following appendices:
- Job description;
- Schedule;
— Agreement on non-disclosure of confidential information.
The form of the employment contract contains the following related documents:
- Supplementary agreement.
When hiring a new employee for a permanent job, in his employment contract, indicate the specific amount of salary (tariff rate) in rubles. It is not advisable to write down the phrase “the employee’s salary is set according to the staff list” in the employment contract.
The fact is that if you make such a reference in the employment contract to the staffing table, it will become an integral part of this employment contract. In such a situation, each time you will have to acquaint the employee under signature with the staffing table and with all the changes in it.
In addition, difficulties may arise with the execution of an order for hiring an employee, since the lines of form No. T-1 “with a tariff rate (salary)”, “surcharge” are designed specifically for writing in numbers. The same applies to filling out Form No. T-1a.
An important nuance: an employment contract is also one of the documents that confirms the validity of labor costs. And not only salaries, but also other payments to the employee, which, according to Article 255 of the Tax Code of the Russian Federation, must be provided for in the employment contract so that their amount can be taken into account when calculating income tax.
In practice, the question often arises: is it necessary to number employment contracts? The legislation does not provide a clear answer to this question.
Mandatory information that an employment contract must contain is listed in Article 57 of the Labor Code of the Russian Federation. An employment contract concluded with an athlete, coach, must additionally contain the mandatory conditions listed in Article 348.2 of the Labor Code of the Russian Federation. The number of the employment contract is not among the mandatory information.
At the same time, some unified forms of documents for accounting for labor and its payment provide for the numbering of employment contracts (for example, form No. T-1, approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Therefore, in order to correctly fill out the documents, it is advisable to assign numbers (number) to employment contracts.
The procedure for such numbering is not regulated by law. Therefore, the organization has the right to develop it independently. In practice, a system is used in which the number of the employment contract consists of its own contract number and numbers indicating the month (year) of its conclusion (for example, an employment contract concluded in March 2011 is assigned the number 16/03, where 16 is the serial number of the contract, 03 - month of conclusion of the contract). Such explanations are given in the letter of Rostrud dated August 9, 2007 No. 3045-6-0.
EMPLOYMENT CONTRACT No. _____
____________________ "____" ___________ 2018
(place of compilation)
(Name of organization, enterprise, etc.) hereinafter referred to as the Employer, represented by (position, full name) acting on the basis of (charter, regulation, power of attorney) on the one hand, and citizen (ka) of Russia (Surname , name, patronymic, data of a passport or a document replacing it) hereinafter referred to as (May) the Employee acting in their own interests and on their own behalf, on the other hand, have concluded this employment contract (hereinafter referred to as the Contract) as follows:
1. GENERAL PROVISIONS
1.1. An employee is hired
— to the enterprise as (profession, qualification);
-for the position
to perform the following job duties (brief description).
1.2. Place of work of the Employee - ____________ (address of the organization).
1.3. The employee is hired in (department, subdivision) of the organization of the Employer.
1.4 The employee reports directly to the manager ___________________________.
1.5. Work under this employment contract is for the Employee ________ (main, external (internal) part-time job)).
1.6. The employment contract is concluded between the Employer and the Employee for a period of time (delete the unnecessary)
- for ______ year (month) and is valid from "__" _________ 2018 to "__" ___________2018;
- For undefined period;
- for the duration of the work stipulated by this Agreement.
1.7. This employment contract comes into force from the day the Employee is admitted to work, as determined by clause 1.7 of the contract.
1.8. The start date of work is from "__" _________ 2018.
1.9. The Employee is set a trial period of _____ months in order to verify the compliance of the Employee with the assigned work.
1.10. Fulfilling his immediate labor duties in accordance with this Agreement, the Employee will proceed from the Charter (Regulations) of the enterprise, the internal labor regulations in the organization.
2. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE
2.1. The employee has the right to:
2.1.1. Providing him with work stipulated by this employment contract.
2.1.2. Ensuring safety and working conditions that meet the regulatory requirements of labor protection.
2.1.3. Timely and in full payment of wages in accordance with the qualifications, complexity, quantity and quality of work performed.
2.1.4. Complete and reliable information about working conditions and labor protection requirements at the workplace. The employee has other rights provided for by the labor legislation of the Russian Federation, this employment contract.
2.2. The employee is obliged:
2.2.1. Conscientiously fulfill their labor duties assigned to him by this employment contract and job description.
2.2.2. Comply with the labor regulations in force at the Employer, the requirements for labor protection and ensuring labor safety, other local regulations of the Employer that are directly related to the work of the Employee, with which the Employee was familiarized under signature before signing this employment contract.
2.2.3. Observe labor discipline.
2.2.4. Take care of the property of the Employer, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, and other employees.
2.2.5. Immediately notify the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer's property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property), the property of other employees. The employee is obliged to perform other duties stipulated by the labor legislation of the Russian Federation and this employment contract and job description.
2.2.6. Do not disclose, without the consent of the immediate supervisor, the scientific, technical and other commercial and confidential information obtained during the work.
3. RIGHTS AND OBLIGATIONS OF THE EMPLOYER
3.1. The employer has the right:
3.1.1. Require the Employee to conscientiously fulfill the obligations under this employment contract.
3.1.2. Adopt local acts directly related to the work activity of the Employee, including labor regulations, labor protection and labor safety requirements.
3.1.3. Bring the Employee to disciplinary and financial liability in accordance with the procedure established by the Labor Code of the Russian Federation, other federal laws.
3.1.4. Encourage the Employee for conscientious efficient work. The employer has other rights provided for by the labor legislation of the Russian Federation, this employment contract.
3.2. The employer is obliged:
3.2.1. Provide the Employee with work stipulated by this employment contract.
3.2.2. Ensure the safety and working conditions of the Employee in accordance with the regulatory requirements of labor protection.
3.2.3. Provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his job duties.
3.2.4. Pay in full the wages due to the employee on time.
3.2.5. To process and ensure the protection of the Employee's personal data in accordance with the legislation of the Russian Federation.
3.2.6. To acquaint the Employee under signature with the adopted local regulations directly related to his work activity.
3.2.7. Provide for the daily needs of the Employee related to the performance of their labor duties.
3.2.8. Pay for the training of the Employee in case of production necessity in order to improve his qualifications. The employer performs other duties stipulated by the labor
legislation and other regulatory legal acts containing the norms
labor law, collective agreement, agreements, local regulations
acts and this employment contract.
4. PAYMENT AND SOCIAL GUARANTEES
4.1. For the performance of labor duties stipulated by this employment contract, the Employee is established:
- official salary in the amount of ________ rubles. per month.
- percentage of sales ____;
- (Further).
4.2. The payment of bonuses and remuneration to the Employee is carried out in the manner established in the Regulations on remuneration, with which the Employee is familiarized when signing this employment contract.
4.3. Payments of wages to the Employee are made at least every half a month on time and in the manner established by the Regulations on wages and other local regulations of the Employer.
4.4. Salary to the Employee is paid by:
- issuance of cash from the cash desk;
- by transfer to the current account in the bank _____________.
- (Further).
4.5. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.
4.6. The Employee is subject to benefits, guarantees and compensations established by the legislation of the Russian Federation and local regulations of the Employer.
5. WORKING AND REST TIME
5.1. The employee is set (normalized, non-standardized) working day.
- normalized.
The employee is assigned a 5-day working week of 8 (eight) hours. Days off are Saturday and Sunday.
- unregulated.
The monthly (weekly) norm of working time is _______ hours. The normal duration of the working day should not exceed 8 (4) hours per day. Breaks for rest and meals are not included in working hours. Overtime overtime is paid at the rate of ________ per hour.
5.2. The employee is provided with an annual basic paid leave of _______ calendar days. The right to use the leave for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the Parties and in accordance with the labor legislation of the Russian Federation, paid leave may be granted to the Employee before the expiration of six months. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the vacation schedule.
5.3. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay. The duration of the specified leave is determined by agreement of the Parties and in accordance with the labor legislation of the Russian Federation.
6. SOCIAL INSURANCE
6.1. An employee is subject to compulsory social insurance (pension, medical, industrial accidents and occupational diseases) in accordance with the Labor Code of the Russian Federation and other federal laws.
7. OTHER TERMS OF THE EMPLOYMENT CONTRACT
7.1. The Employee undertakes, during the term of this employment contract and after its termination for _______ years, not to disclose a commercial secret protected by law, which became known to the Employee in connection with the performance of his labor duties. The Employee must be familiarized with the list of information constituting a commercial secret protected by law against signature.
7.2. In case of violation of the procedure for using and unlawful disclosure of information specified in clause 7.1 of this agreement, the relevant guilty Party to the agreement is obliged to compensate the other Party for the damage caused.
8. RESPONSIBILITY OF THE PARTIES TO THE EMPLOYMENT CONTRACT
8.1. The Employer and the Employee are responsible for non-fulfillment or improper fulfillment of the assumed duties and obligations established by this employment contract, local regulations of the Employer, and the legislation of the Russian Federation.
8.2. For committing a disciplinary offense, that is, non-performance or improper performance by the Employee through his fault of the labor duties assigned to him, the Employee may be subject to disciplinary sanctions provided for in Article 192 of the Labor Code of the Russian Federation.
8.3. The Employer and the Employee may be brought to material and other types of legal liability in cases and in the manner provided for by labor legislation and other federal laws.
9. AMENDMENT AND TERMINATION OF AN EMPLOYMENT CONTRACT
9.1. Each of the Parties to this employment contract has the right to raise with the other Party the question of supplementing it or otherwise amending the employment contract, which, by agreement of the Parties, are drawn up by an additional agreement, which is an integral part of the employment contract.
9.2. Amendments and additions may be made to this employment contract by agreement of the Parties also in the following cases:
when changing the legislation of the Russian Federation in the part affecting the rights, obligations and interests of the Parties, as well as when changing the local regulations of the Employer;
in other cases provided for by the Labor Code of the Russian Federation.
9.3. If the Employer changes the terms of this employment contract (with the exception of the labor function) for reasons related to changes in organizational or technological working conditions, the Employer is obliged to notify the Employee in writing no later than two months before they are changed (Article 74 of the Labor Code of the Russian Federation) . The Employer is obliged to notify the Employee personally and against signature of the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees at least two months before the dismissal.
9.4. This employment contract is terminated only on the grounds established by the Labor Code of the Russian Federation and other federal laws. Upon termination of the employment contract, the Employee is provided with guarantees and compensations provided for in Chapter 27 of the Labor Code of the Russian Federation, as well as other norms of the Labor Code of the Russian Federation and other federal laws.
10. FINAL PROVISIONS
10.1. Labor disputes and disagreements of the Parties regarding compliance with the terms of this employment contract are resolved by agreement of the Parties, and in case of failure to reach an agreement, they are considered by the labor dispute commission and (or) the court in the manner prescribed by the legislation of the Russian Federation.
10.2. In the part not provided for by this employment contract, the Parties are guided by the legislation of the Russian Federation.
10.3. This employment contract is concluded in two copies, having the same legal force. One copy is kept by the Employer in the Employee's personal file, the second one is kept by the Employee.
10. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES
Employer:
The address:
Tel.:
TIN / KPP
r/s
in the bank
f/s
BIC
OKPO
Worker:
The passport:
Registration address:
TIN:
SNILS:
Signatures of the parties to the employment contract:
Employer Employee
Signature I. O. Surname Signature I. O. Surname
Updated: November 2018
