An employment contract with an employee serves as the main legal document reflecting the service relationship between the employer and the employee. It is signed by both parties, it contains all the conditions relating to the nature and terms of the employment relationship, the rights and obligations of the parties.
The Constitution of the Russian Federation guarantees every citizen the right to choose a profession and field of activity (Article 37). The employer is obliged to provide conditions that meet hygiene and safety standards. The employee has the right without delay and in full to receive payment for his work.
Important! An employment contract comprehensively protects the interests of the parties, it becomes a guarantee of compliance with the legality of the legal relationship "employer-employee".
It installs:
Attention! The employment agreement is drawn up on the basis of the Labor Code, all clauses must comply with the articles of the latter. This is necessary in order to interpret the situation on the basis of the Labor Code in conflict and contentious situations.
After the conclusion of an employment contract, the parties are obliged to comply with the terms of the agreement, according to which they have rights and obligations.
The agreement is most often signed for an indefinite period of time: this is a regular employment contract, which is most preferable, as it best protects the interests of the employee.
It is concluded with a full guarantee of all the rights of a citizen, in accordance with the Labor Code.
In some cases, a time frame for labor relations is established, it depends on the conditions prescribed in Part 1 of Art. 59 of the Labor Code of the Russian Federation. At the same time, a fixed-term contract is signed for a period of less than 5 years (fixed-term or contract).
Such a document does not fully guarantee the legal protection of employees. The employee does not have the right to terminate such an agreement on his own initiative, this is allowed only in case of illness, disability or for some other reason.
In addition, the employer reserves the possibility of extending the contract after its completion, that is, the employment relationship can be resumed only at his request.
Unscrupulous employers sometimes use this factor to put pressure on an employee.
Important! Therefore, the law establishes that a fixed-term contract can only be concluded if it is not possible to sign an open-ended one, depending on the nature of the work, working conditions or the interests of the employee.
If, after its completion, a person continues to work at the same place, the fixed-term contract turns into an open-ended contract, that is, it is extended for an indefinite period.
Term contracts can be:
By the nature of the relationship:
The following employers may enter into agreements:
Classification of agreements on working conditions:
By scope of work:
There are established forms of drawing up an employment contract. It should be issued in writing, in two copies: one for each side. Each of them must be signed by the employer and employee.
The employer keeps the document in the employee's personal file, the employee signs the completed sample, which remains with the employer, as proof that he was given the second copy of the agreement.
If a citizen has not reached the age of 14, then the document is signed by his legal representative. Only reliable information about the parties or their representatives should be entered in the text.
Attention! Sometimes it is possible to start work without signing a written document, by verbal agreement. The contract is still considered concluded, but it is required to issue it on paper within three days.
If the employer is an individual who is not registered as an individual entrepreneur, then when concluding an agreement, he is obliged to notify the local authorities about this (Article 303 of the Labor Code). But the law does not provide for any sanctions for violation of this rule.
Forms of employment agreements can be downloaded from our website. For example, an employment contract with an employee, sample 2018, can be downloaded for free below.
The samples that are given here are considered typical, that is, they meet all the basic standard requirements for the preparation of this document.
There are no uniform forms provided by law, so the employer can choose any form that suits him best.
Standard contract:
Download in Word format.
Sample of filling out a fixed-term contract:
Download in Word format.
Sample employment contract with an employee without a probationary period:
Download in Word format.
IP agreement:
Download in Word format.
Additional agreement:
Download in Word format.
The Labor Code of the Russian Federation does not establish uniform forms for compiling such documents. A single form is established only for micro-enterprises, that is, small businesses.
The top of the document consists of the following information:
Information about the conditions of professional activity:
An important condition when concluding an employment contract is the duration of the working week: no more than 40 hours for adults, 36 hours or less for employees 16-18 years old, no more than 24 hours for adolescents from 14 to 16 years old.
Important! In the absence of one of these clauses in the text of the concluded contract, the employer may be imposed an administrative penalty in the form of a fine. The labor inspectorate checks the conformity of the text of the document.
If there is a need to make changes or additions, an additional agreement must be drawn up.
Additional terms of the employment contract must comply with legal regulations, although they may have a different nature and purpose, depending on the situation.
Under the terms of the Labor Code, the document may contain additional conditions:
The term should not exceed three months, for management - 6 months, excluding illness or absence for good reasons.
In any case, the parties may introduce a clause on improving social and living conditions for the person being hired, his family.
In some cases, the labor legislation of Russia and some other legislative acts allow the inclusion of a clause stating that it is possible to conclude an agreement with this employee by other organizations and persons that are not employers under this agreement.
Many employers have to hire foreign nationals. The procedure for hiring such a person should be accompanied by certain actions, among which is the notification of certain state bodies.
Important! A foreign citizen has the same rights and obligations when applying for a job as a citizen of the Russian Federation. This is guaranteed to him by the legislation of our country.
The conclusion of an employment contract for foreigners has a permissive character. That is, for its conclusion it is required to obtain permits for the attraction and use of foreign labor by employers, a visiting citizen should obtain a work permit.
The rules and procedure for drawing up an agreement are the same as when hiring a citizen of the Russian Federation. Recommendation No. 86 of the International Labor Organization “On Migrant Workers” (it is advisory) and the Agreement of the CIS countries dated April 15, 1994 (mandatory) should be followed.
If the hired employee has problems with the Russian language, the document is translated into a language that he understands, although it must be drawn up in Russian.
Additional conditions when concluding an agreement with a foreign citizen are as important as rights and obligations, all these points are prescribed in accordance with Russian law. The contract must contain all the mandatory clauses required by Article 57 of the Labor Code of the Russian Federation.
It is possible to sign a fixed-term employment contract with a foreign citizen for 1 year. In the absence of grounds for a fixed-term contract, it is possible to conclude an open-ended one.
When signing the agreement, the employer sends notices to the following organizations:
The same notifications must be sent upon termination of the agreement and dismissal of the foreign worker. The same terms for notifying state bodies remain, only the term for notifying the migration service changes - it is 3 days upon dismissal. Notifications must also be sent when the leave is granted.
Attention! If such notification is not sent, the employer will be fined up to 1 million rubles.
The term of the contract is of great importance. The term of the work permit must not be allowed to expire before the term of the employment contract expires. It also threatens with fines for the employer.
To bring the deadlines into line, you need to use Art. 59 TK. Termination of the agreement also has its own special conditions, which must be taken into account.
The contract can only be concluded with a citizen who has reached the age of 16 years. Sometimes it is allowed to sign it with students 15 years old, sometimes even 14 years old. On the basis of such a document, an order for employment is issued. Its content must correspond to the text of the agreement.
The order is issued within three days after the start of actual work. At the same time, the employee must be familiarized with the conditions of the internal regulations.
The contract is considered concluded after its signing, immediately after both parties have come to an agreement on all points.
From this moment it comes into force (Article 61 of the Labor Code), unless the provisions of the employment contract and laws provide otherwise. This may be reflected in the agreement itself or, if it is not in writing, in the order of employment.
Sometimes the contract comes into force at the moment the employee actually appears at the workplace. The employee is obliged to start fulfilling his labor duties from the date fixed in the document.
If the term is not specifically stipulated, then it is required to begin their duties on the next day after the document enters into force.
The possibility to cancel the agreement is provided for in Part 4 of Art. 61 TK. If the employee does not go to his workplace within the prescribed period, the employer has the right to cancel the agreement.
The canceled contract is considered not concluded, that is, it loses its legal force, the parties do not have rights and obligations in relation to each other.
Important! True, in the event of an insured event (illness, injury or other cases determined by law) in the period from the date of conclusion to its cancellation, the citizen is guaranteed all the payments required under this agreement or under compulsory social insurance.
By the way, the employer has the right, at its discretion, to cancel or keep the signed agreement in force.
When canceling a document, an appropriate act is drawn up. Loses its power and order, if it has already been issued. An employee may also refuse to work before going to his workplace.
The employment contract is of decisive importance in modern labor relations. Therefore, its content, the order of filling, the rules for observing its points should be treated with great attention.
Mandatory and additional clauses can be written in different ways, but the main condition is that they should not create conditions for the employee worse than those defined by the Labor Code of the Russian Federation.
If any clauses or conditions are not included in the text of the agreement, this is not evidence that the employer or hired employee refuses to fulfill their rights or obligations.
Contract Builder will automatically generate an employment contract. You only need to correct the data in red with your own. You can download the contract in Word. As a result, 240 variants of employment contracts can be formed.
Organizations, individual entrepreneurs and individuals concluding an employment contract.
Using the contract constructor is free, without sending SMS and without registration.
(LLC, CJSC, OJSC, ...) " (Name of the organization)”, represented by (full name), acting on the basis of the Charter, hereinafter referred to as the “Employer”, on the one hand, and gr. Russia (Full name) on the basis of the Charter, hereinafter referred to as the "Employee", have concluded this employment contract on the following terms:
1.1. Worker (Full name), is hired (place of work, structural unit)
, by profession (positions) (full name of the profession (position) according to ETKS),
qualifications (positions) (rank, qualification category) (optional),
from (“____” _____________ 20___ (date of commencement of work))
1.2. Type of employment contract: For an indefinite period
1.3. Probation period: No probationary period
1.4. The work performed under this contract is part-time work.
2.1. The employee has the right to:
– change and termination of this employment contract in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;
– providing him with the work stipulated by this contract;
- a workplace with working conditions that meet the requirements of state standards of organization, safety and hygiene;
- timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
- compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
– other rights under Art. 21 and 219 of the Labor Code of the Russian Federation.
2.2. The employee is obliged:
- observe labor discipline and internal labor regulations;
- comply with established labor standards;
– comply with labor protection and labor safety requirements;
- take care of the property of the employer and other employees;
- immediately inform 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 property of the employer;
- conscientiously perform the following labor functions: (specify functions)
3.1. The employer has the right:
- to change and terminate the employment contract with the employee in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;
- to encourage the employee for conscientious efficient work;
- demand from the employee the performance of his labor duties and respect for the property of the employer and other employees, compliance with the rules of internal labor regulations;
- bring the employee to disciplinary and material liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws.
3.2. The employer is obliged:
- comply with laws and other regulatory legal acts, local regulations, the terms of this employment contract;
– to provide the employee with the work stipulated by this contract;
– ensure labor safety and conditions that meet the requirements of occupational safety and health;
- provide the employee with equipment, tools, technical documentation and other means necessary for the performance of labor duties;
- pay in full the wages due to the employee within the time limits established by the Labor Code of the Russian Federation, internal labor regulations, and an employment contract;
- provide sanitary and preventive care for the employee in accordance with the requirements of labor protection;
- carry out compulsory social insurance of the employee in the manner prescribed by federal laws;
- compensate for the harm caused to the employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and on the conditions established by the Labor Code of the Russian Federation, other regulatory legal acts;
- perform other duties stipulated by the Labor Code of the Russian Federation, federal laws, other regulatory legal acts containing labor law norms.
4.1. Characteristics of working conditions: In accordance with the workplace attestation card ((or with a special assessment of working conditions)) (the main characteristics of the work and the requirements for the level of their performance are indicated: in the office / on the street / at the employee's home / at the enterprise, if a special assessment has been carried out, then the class of working conditions is also indicated),
4.2. Compensation and benefits for work in difficult, harmful and (or) dangerous conditions: (set in the amount of _____ / not set)
4.3. Salary is paid: (5th and 20th of every month)
5.1. Working hours: regular work schedule
5.2. Start of work (9:00) , end of work (18:00) ,
break for rest and meals from (13:00) to (14:00) ;
Weekend: (Saturday Sunday.);
5.3. The employee is given annual leave in accordance with the vacation schedule:
the main duration of ___28____ calendar days;
additional duration (___) calendar days.
6.1. Conditions of social insurance directly related to the work activity of the Employee: all types of state social insurance and other insurance provided for by the collective agreement.
7.1. Conditions of remuneration of the worker (the size of the tariff rate or salary, additional payments, allowances, incentive payments)
8.1. The terms of this employment contract can only be changed by agreement of the parties and in writing;
8.2. Issues not regulated by this employment contract are regulated by the Labor Code of the Russian Federation, federal laws.
9.1. This employment contract is made in 2 copies, each of which is signed by the parties. After registration in accordance with the established procedure in the department of labor relations and labor protection of the Committee for Social Protection of the Population and Youth Policy, one copy of the employment contract is transferred to the employee, the other is kept by the employer;
9.2. The employment contract comes into force from the date of its signing, unless otherwise provided by law or this employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer. If the employee did not start work on time without good reason within a week, then the employment contract is canceled.
10.1. In the part not provided for by this Agreement, the Parties are guided by laws, other regulatory legal acts and the Charter of the enterprise.
|
Employer: (LLC, CJSC, OJSC, ...) " (Name of the organization)" The address: Mailing address: (111111, Moscow, PO Box 111) TIN (611106562222) account number (11102810700000000222) (CJSC CB Petrov Bank) k/s (11101810100000000222) Bank BIC (226012222) Phone (+79081112121) e-mail: ( [email protected]} Signature__________ |
Worker: (full name) (individual) passport ID (1111 123456 issued by the Department of Internal Affairs of the BEAUTIFUL district of the city of Izumrudny on December 12, 1911) The address: (111111 Moscow street builders 11) Signature__________ |
The government has issued a model employment contract form.
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ON THE STANDARD FORM OF AN EMPLOYMENT CONTRACT,
CONCLUDED BETWEEN THE EMPLOYEE AND THE EMPLOYER - THE SUBJECT
SMALL BUSINESS THAT RELATES
TO MICRO-ENTERPRISES
In accordance with Article 309.2 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:
1. To approve the attached standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises.
2. To give explanations to the Ministry of Labor and Social Protection of the Russian Federation on the application of the standard form approved by this resolution.
3. This resolution comes into force from the date of entry into force of the Federal Law "On Amendments to the Labor Code of the Russian Federation with regard to the specifics of labor regulation of persons working for employers - small businesses that are classified as micro-enterprises."
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
Government Decree
Russian Federation
STANDARD FORM
an employment contract between an employee
and an employer - a small business entity,
which refers to micro-enterprises
_____________________________ "__" _____________ ____ G.
(place of detention (city, (date of imprisonment)
locality)
(full name of employer)
hereinafter referred to as the employer, represented by ______________________________
__________________________________________________________________________,
(information about the representative of the employer - last name, first name, patronymic,
the position of the person authorized to represent the employer
in labor relations)
acting on the basis ________________________________________________,
(the basis on which the representative
the employer is endowed with appropriate
powers - constituent documents
legal entity indicating the date of their
approvals, local regulation
(if any), power of attorney indicating by whom
and when issued, other)
on the one hand, and _________________________________________________________,
(last name, first name, patronymic of the employee)
hereinafter referred to as the employee, on the other hand, hereinafter referred to as
The Parties, guided by the Labor Code of the Russian Federation (hereinafter -
Code), federal laws and other regulatory legal acts,
following.
I. General provisions
1. The employer provides the employee with work:
(name of position, profession or specialty, indicating
__________________________________________________________________________,
qualifications)
and the employee undertakes to personally perform the specified work in accordance with
the terms of this employment contract.
2. The employee is hired:
(the place of work is indicated, and if the employee
is accepted for work in a branch, representative office or other
a separate structural unit of the organization,
located in another locality - place of work indicating
separate structural unit and its
location)
3. Additional conditions (to be filled in if necessary)
__________________________________________________________________________.
(indication of the location of the workplace, the name of the structural
subdivisions, departments, laboratories, workshops, etc.)
4. Labor (official) duties are established (please specify)
__________________________________________________________________________.
(in this employment contract (subparagraph "a" of paragraph 11) /
in job description)
5. The employee starts work with "__" ___________________.
6. It is concluded with the employee (required to be specified)
__________________________________________________________________________.
(employment contract for an indefinite period / fixed-term employment contract)
In the event of a fixed-term employment contract:
the term of the employment contract _____________________________________;
(duration, end date
employment contract)
circumstances (reasons) that served as the basis for the conclusion
federal law (please specify) ________________________________.
7. Employee _______________________________________________ test.
(installed/not installed)
The test period is set by the duration of _________________
Months (weeks, days).
(to be filled in when setting the test)
8. This employment contract is a contract ______________________
____________________________________________________ (required to be specified).
(on the main job / part-time)
9. Employee ____________________________________ special nature of work
(has/does not have)
(if necessary, specify) ________________________________________________.
(traveling, on the road, mobile, remote,
home-based, other nature of work)
9.1. Conditions of the employment contract related to the specifics of performance
remote work (to be completed in the employment contract with remote
employee):
9.1.1. The work specified in paragraph 1 of this employment contract,
carried out:
a) by exchanging electronic documents _____________________________;
b) using __________________________________________________;
(enhanced qualified electronic digital
signature (EDS) / EDS not used)
c) using (listed if necessary)
___________________________________________________________________________
(equipment, software and hardware, means of protection
information, other means
(provided by the employer (order and terms of provision)/
owned by the employee/rented by the employee)
d) using (required to specify) _____________________________
__________________________________________________________________________;
(information and telecommunications network "Internet", other
public information and telecommunications network, other)
9.1.2. For the use of employee-owned or rented
equipment, software and hardware, the Internet, other
funds specified in subparagraphs "c" and "d" of paragraph 9.1.1, he is paid
compensation ________________________________________________________________,
(amount, order and terms of payment)
other expenses related to the implementation of remote work are reimbursed
___________________________________________________________________________
(reimbursement procedure)
9.1.3. The employee submits reports (information) to the employer about
work done by _____________________________________________________________.
(order of presentation, timing, frequency)
9.1.4. Deadline for confirmation of receipt of an electronic document from another
parties ____________________________________________.
9.1.5. Working hours and rest time (must be specified)
___________________________________________________________________________
___________________________________________________________________________
with employer)
__________________________________________________________________________.
(working hours and rest time the employee plans
at your discretion)
9.1.6. Insurance certificate of compulsory pension insurance
(required to be specified) ____________________________________________________.
(issued by the employer/employee entering
to work for the first time, receives independently)
9.1.7. The employer is obliged to familiarize the employee with the security requirements
labor when working with equipment and means recommended or
provided by the employer (if equipment and facilities are provided
9.1.8. Information about remote work in the remote work book
employee ________________________________________________________________.
(included / not included)
9.1.9. When concluding an employment contract for the first time, a work book
employer ____________________________________________________________.
(formed / not issued)
9.1.10. Upon reaching an agreement on making an entry in the work book
the employee provides the work book to the employer _______________________
__________________________________________________________________________.
(personally / sends it by registered mail with notification)
9.1.11. Additional conditions (to be filled in if necessary)
__________________________________________________________________________.
9.2. Conditions of the employment contract related to the specifics of performance
home work (to be completed in the employment contract concluded with
homeworker):
9.2.1. The work specified in paragraph 1 of this employment contract,
is carried out from materials and using tools and mechanisms
or other means (specify) ________________________________________________
__________________________________________________________________________.
(allocated by the employer/acquired by the employee
at own expense/other)
9.2.2. For the use by a homeworker of his tools and mechanisms, he
compensation is paid for their wear and tear, as well as other expenses,
related to the performance of work at home (required to specify):
__________________________________________________________________________.
(order, amount and terms of compensation, reimbursement of expenses)
9.2.3. The procedure and terms for providing the homeworker with raw materials, materials and
semi-finished products (specify if necessary)
__________________________________________________________________________.
9.2.4. The procedure and terms for the transfer of the results of the work (export of the finished
products) (specify if necessary) _________________________________.
9.2.5. Payment for manufactured products, other payments (necessary
specify) _________________________________________________________________.
9.2.6. Working hours (required to specify)
__________________________________________________________________________.
(duration of working hours per week, start and end of work,
break times, weekends, interaction time
with employer)
9.2.7. Additional conditions (to be filled in if necessary) _________
__________________________________________________________________________.
II. Rights and obligations of an employee
10. The employee has the right to:
a) provision of work stipulated by this employment contract;
b) a workplace that meets state regulations
labor protection requirements;
c) timely and in full payment of wages, the amount and
the conditions for obtaining which are determined by this employment contract, with
taking into account qualifications, complexity of labor, quantity and quality of work performed
d) full reliable information about working conditions and safety requirements
work in the workplace;
e) compulsory social insurance in cases provided for
federal laws;
f) collective bargaining and the conclusion of a collective
contracts, agreements, as well as information on the implementation of the collective
contracts (in case of conclusion), agreements (in case of conclusion);
g) change and termination of this employment contract in the manner and on
conditions established by the Code, other federal laws;
h) protection of their labor rights, freedoms and legitimate interests by all
in ways prohibited by law;
i) compensation for harm caused to him in connection with the performance of labor
obligations and compensation for non-pecuniary damage in the manner prescribed by
Code, other federal laws;
j) association, including the right to form trade unions and
joining them, to protect their labor rights, freedoms and legal
interests;
k) rest provided by the establishment of a normal duration
working hours, reduced working hours for certain professions and
holidays, paid annual leave in accordance with the labor
legislation and other normative legal acts containing norms
labor law, labor contract;
l) training and additional vocational education in the manner
established by the Code, other federal laws;
m) pre-trial settlement of disagreements on the fulfillment of conditions
of this employment contract, collective agreement (in case of
conclusion), agreements (if adopted) with the participation of a trade union or other
employee representative;
n) protection of their personal data in accordance with the requirements
legislation of the Russian Federation;
o) other rights established by labor legislation and other
local regulations (if adopted), as well as arising from
conditions of the collective agreement (in case of conclusion), agreements (in case of
conclusions);
p) other rights established by this employment contract
(to be filled in if necessary) __________________________________________.
11. The employee is obliged:
a) perform labor (official) duties according to the position (profession)
or specialty) specified in paragraph 1 of this employment contract:
__________________________________________________________________________;
(specify labor (official) duties,
if they are established by this employment contract)
b) comply with the working hours and rest periods established by
this employment contract, local regulations (in case
acceptance), collective agreement (in case of conclusion), agreements (in
case of conclusion);
c) observe labor discipline;
d) comply with labor protection and safety requirements
e) undergo mandatory preliminary and periodic (within
employment) medical examinations, other mandatory medical
examinations, mandatory psychiatric examinations, and
undergo extraordinary medical examinations in the direction of the employer in
cases provided for by the Code;
f) take care of the property of the employer (including the property of
g) immediately notify the employer or direct
manager about the occurrence of a situation that poses a threat to life and
health of people, safety of the property of the employer (including property
third parties located at the employer, if the employer bears
responsibility for the safety of this property);
h) perform other duties established by labor legislation
and other normative legal acts containing labor law norms,
collective agreement (in case of conclusion), agreements (in case of
conclusion), local regulations (if adopted);
i) perform other duties established by this labor
contract (to be completed if necessary)
__________________________________________________________________________.
III. Rights and obligations of the employer
12. The employer has the right:
a) amend and terminate this employment contract in the manner and on
conditions established by the Code, other federal laws,
this employment contract;
b) require the employee to fulfill his labor duties and
careful attitude to the property of the employer (including the property
third parties, located at the employer, if the employer bears
responsibility for the safety of this property), compliance with the rules
internal labor regulations (if adopted);
c) encourage the employee for conscientious efficient work;
d) bring the employee to disciplinary and material liability
in the manner prescribed by the Code, other federal laws;
e) to other rights established by labor legislation and other
normative legal acts containing labor law norms, this
employment contract, local regulations (if adopted), and
also arising from the terms of the collective agreement (if concluded),
agreements (if any).
13. The employer is obliged:
a) to provide the work provided for by this employment contract;
b) ensure safety and working conditions corresponding to
state regulatory requirements for labor protection;
c) provide the employee with equipment, tools, technical
documentation and other means necessary for the performance of his labor
Responsibilities (please list if necessary)
__________________________________________________________________________;
d) to provide at its own expense the means of individual
protection, special footwear and other means of protection, other means
(if necessary, list) __________________________________________;
e) organize (if necessary) mandatory preliminary and
periodic (during employment) medical examinations, other
mandatory medical examinations, mandatory psychiatric
examinations, as well as to send for extraordinary medical examinations
in cases provided for by the Code, at their own expense;
f) keep the employee's average earnings for the duration of the
specified in subparagraph "e" of this paragraph of mandatory medical
inspections (surveys) in accordance with the Code;
g) compensate for the harm caused to the employee in connection with the performance of
labor duties, as well as compensate for moral damage in the manner and on
conditions established by the Code, other federal laws and
other regulatory legal acts of the Russian Federation;
h) train the employee in safe methods and techniques for performing work and
providing first aid to victims at work, instructing
on labor protection, internship at the workplace and testing knowledge of the requirements
labor protection;
i) keep records of the working time actually worked by the employee, in
including overtime work and work on weekends and non-working holidays
j) pay in full the wages due to the employee
payment in the manner and within the time limits established by this labor
agreement, as well as to ensure an increase in the level of real content
wages;
k) notify in writing about the components of wages,
due to the employee for the relevant period, on the amounts of other amounts,
accrued to the employee, on the size and grounds for the deductions made,
about the total amount of money to be paid;
l) to process and ensure the protection of personal data
an employee in accordance with the legislation of the Russian Federation;
m) perform other duties stipulated by the labor
legislation, including legislation on special assessment
working conditions, and other regulatory legal acts containing norms
labor law, collective agreement (if concluded), agreements
(in case of conclusion), local regulations (in case of adoption);
n) perform other duties (to be filled in if necessary)
__________________________________________________________________________.
IV. Employee wages
14. The salary is set for the employee:
but) ____________________________________________________________________
(official salary/
__________________________________________________________________________;
piecework wages (specify rates) or other wages)
b) compensation payments (surcharges and allowances for compensation
character) (if any):
Name of the payment Amount of the payment Factor that determines the receipt of the payment
(specify, if available, information about all surcharges and allowances
compensatory nature, including for the performance of work
with harmful and (or) dangerous working conditions, for work
in areas with special climatic conditions, for work
at night, for overtime work, other payments);
c) incentive payments (additional payments and allowances of a stimulating nature,
bonuses and other incentive payments) (if any):
Name of paymentConditions for receiving paymentFrequencyAmount of payment
(indicate details of all incentive payments
in accordance with the current employer
wage systems (additional payments, incentive bonuses)
character, incentive payments, including bonuses,
remuneration based on the results of work for the year, for the length of service,
other payments);
d) other payments (filled in if necessary): _____________________.
15. The procedure for increasing the level of real content of wages
installed (required to specify):
a) this employment contract _______________________________________
___________________________________________________________________________
(increase in official salary (tariff rate), size
__________________________________________________________________________;
rewards for performance or otherwise)
b) collective agreement, agreement (if concluded), local
normative act (if adopted) (required to be specified).
16. Salary is paid ____________________________________
___________________________________________________________________________
(at the place of work / transferred to a credit institution -
details: name,
__________________________________________________________________________.
correspondent account, TIN, BIC, beneficiary's account)
17. Payment of wages to an employee is made _______________ times
per month (but not less than every half a month) on the following days:
__________________________________________________________________________.
(indicate specific days of payment of wages)
V. Working hours and rest time of the employee
18. The following working hours are established for the employee:
a) the length of the working week ___________________________________
(five days with two days off,
__________________________________________________________________________;
six days with one day off, working week with
days off on a rotating schedule, reduced working hours,
part-time work)
b) the duration of daily work (shift) _________________ hours;
c) start time of work (shift) _______________________________________;
d) end time of work (shift) ____________________________________;
e) the time of breaks in work __________________________________________.
(for recreation and food, technological,
other breaks)
19. The following features of the work mode are established for the employee
(to be filled in if necessary) ___________________________________________
(irregular working hours,
__________________________________________________________________________.
shift work with indication of the beginning and end of work shifts,
summarized accounting of working hours with accounting period
(indicate the length of the accounting period)
20. The employee is granted annual basic paid leave
duration of _____________________________ calendar days.
21. The employee is provided with an annual additional paid
vacation (filled in if there are grounds):
for work with harmful and (or) dangerous working conditions
duration of ____________ calendar days;
for work in the regions of the Far North and equivalent areas
(or other districts where the district coefficient and percentage
salary increment) for a period of _________ calendar days;
for an irregular working day lasting __ calendar days;
other types of additional paid holidays (specify when
necessary) ___________________________________________________________.
(in accordance with the legislation of the Russian Federation
or employment contract)
22. Annual paid leave is granted to the employee annually (from
other federal laws) in accordance with ____________________________.
(vacation schedule
for the relevant year/
written agreement
between parties)
VI. Occupational Safety and Health
23. The following working conditions are established at the employee's workplace:
__________________________________________________________________________.
(indicate, if necessary, the class (subclass) of working conditions
at the workplace, card number of a special assessment of working conditions)
24. Initial briefing with the employee _________________________________
(carried out / not carried out,
___________________________________________________________________________
since the work is not related to maintenance, testing, adjustment
__________________________________________________________________________.
and repair of equipment, use of tools,
storage and use of raw materials and materials)
25. Employee (please specify) ____________________________________
(pass/not pass)
__________________________________________________________________________.
preliminary (when applying for a job) and periodic
mandatory medical examinations, mandatory psychiatric
examination, mandatory medical examinations at the beginning
working day (shift), as well as during and (or) at the end
working day (shift)
26. Worker personal protective equipment __________________________
__________________________________________________________________________.
(not provided/provided in accordance with
with standard norms, list)
VII. Social insurance and other guarantees
27. The employee is subject to compulsory pension insurance,
compulsory health insurance, compulsory social
insurance in case of temporary disability and in connection with
maternity, compulsory social insurance against accidents
at work and occupational diseases in accordance with
federal laws.
28. Additional guarantees (to be completed if any):
___________________________________________________________________________
(compensation of expenses for moving from another area, tuition fees,
provision or reimbursement of the cost of renting housing, payment of rent
car, other)
__________________________________________________________________________.
(the basis for the provision of medical care to a temporarily staying
in the Russian Federation to a foreign citizen
or stateless person)
29. Other guarantees provided to the employee, _________________________
__________________________________________________________________________.
(to be filled in if available)
VIII. Other terms of the employment contract
30. Grounds for termination of an employment contract, in addition to those provided
Code (to be completed if necessary for remote workers,
homeworkers and workers working for a natural person - individual
entrepreneur):
__________________________________________________________________________.
31. The procedure and conditions for terminating an employment contract as specified in
paragraph 30 of this employment contract on the grounds (if necessary
specify): _________________________________________________________________
__________________________________________________________________________.
(warning period, guarantees, compensations, other)
IX. Changing the terms of the employment contract
32. Changing the terms of this labor contract determined by the Parties
agreement and the dates of their entry into force is allowed only by agreement
Parties, with the exception of cases provided for by the Code. Agreement on
changing the terms and conditions of this employment contract determined by the Parties
is in writing.
33. When the employer changes the terms of this employment contract
(with the exception of a change in work function) for reasons related to
change in organizational or technological working conditions, the employer
is obliged to notify the employee in writing within the time limits
established by the Code.
X. Responsibility of the Parties to the employment contract
34. For non-fulfillment or violation of the terms of this employment contract
The parties are liable in the manner and under the conditions established by
labor legislation and regulatory legal acts containing
labor law standards.
XI. Final provisions
35. In the part not provided for by this employment contract, the employee
and the employer are guided directly by labor legislation and
normative legal acts containing labor law norms,
collective agreement (in case of conclusion), agreement (in case of
conclusions).
36. This employment contract comes into force (must be specified) __
__________________________________________________________________________.
(from the date of its signing by both parties / other period established
Code, other federal laws, other regulatory
legal acts or employment contract)
37. This employment contract is concluded in two copies, having
the same legal force, which are stored: one - with the employee, the other -
at the employer.
38. Additional agreements on changing the terms of this labor
contracts are an integral part of it.
The employee is aware of:
with a collective agreement (if concluded)
________________________________ __________________________________________
(employee's signature) (date of familiarization)
with the employer's local regulations,
directly related to the work activity of the employee (in the case of
acceptance enumerate) _____________________________________________________
________________________________ __________________________________________
(employee's signature) (date of familiarization)
I give my consent to the processing of my personal data by the employer,
necessary for labor relations
________________________________ __________________________________________
(employee's signature) (date)
Introductory briefing on labor protection passed:
Employee Signature __________________________ Date "__" ____________________
person's signature,
who conducted the briefing ____________________ Date "__" ____________________
Initial briefing on labor protection in accordance with paragraph 24
of this employment contract has been completed:
________________________________ __________________________________________
(employee's signature) (date of familiarization)
person's signature,
who conducted the briefing ______________________ Date "__" __________________
Employer: Employee:
(full and abbreviated name (surname, name, patronymic)
legal entity / last name, first name,
middle name of individual
entrepreneur)
Address of the legal entity in Address of residence:
within its location/
place of residence of the individual
entrepreneur:
__________________________________ ________________________________________
__________________________________ ________________________________________
__________________________________ ________________________________________
Address of the place of implementation Document certifying
activities of a legal entity / person:
individual entrepreneur:
__________________________________ ________________________________________
__________________________________ (type, series and number, issued by,
Date of issue)
Other documents submitted
foreign citizens or
stateless persons,
details
An identification number ________________________________________
taxpayer ____________________________________________
insurance certificate
Mandatory pension
(signature of authorized person) insurance ____________________________
________________________________________
(signature of the employee, date of familiarization)
Received a copy of the employment contract:
Employee Signature ____________________________ Date "__" __________________
Employment contract terminated:
Termination date ________________________________________________________
Grounds for termination of the employment contract: clause _______________________
part _______ of article ________________________ of the Labor Code of the Russian
Federation (clause ____________ of this employment contract).
Signature of authorized person
Date of "__" _________________________
(full name)
Employee Signature _________________ Date "__" _________________________
Employment book received __________________ Date "__" _____________________
(signature)
Other documents related to work received _________________________
__________________________________________________________________________.
(transfer)
Employee Signature ____________________________ Date "__" ______________________
Notes: 1. Subparagraph "b" of paragraph 10 and subparagraph "h" of paragraph 13 do not apply to remote workers.
2. Paragraph 18 does not apply to teleworkers and homeworkers.
3. Paragraphs 23 - 26 do not apply to teleworkers.
4. Clause 27 applies to employees who are foreign citizens with special features established by federal laws and international treaties of the Russian Federation.
5. For foreign citizens or stateless persons, the following information is indicated:
on a work permit or a patent - when concluding an employment contract with a foreign citizen or stateless person temporarily staying in the Russian Federation;
on a temporary residence permit in the Russian Federation - when concluding an employment contract with a foreign citizen temporarily residing in the Russian Federation or a stateless person;
on a residence permit - when concluding an employment contract with a foreign citizen permanently residing in the Russian Federation or a stateless person;
details of an agreement (policy) of voluntary medical insurance or an agreement concluded by the employer with a medical organization for the provision of paid medical services with a foreign citizen or stateless person temporarily staying in the Russian Federation.
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The model employment contract for microenterprises is a special form of employment contract approved at the government level. In the article we will talk about the features of such an employment contract: what it is, which companies are allowed to conclude them, how to fill it out, what are the advantages and disadvantages, and whether this will really help reduce the burden on SMEs - administrative and documentary.
Since 01/01/2017, a standard form of an employment contract with an employee of a microenterprise has appeared in Russia. Its form and registration procedure were approved by Government Decree No. 858 of August 27, 2016. This standard form is noteworthy, first of all, in that micro-enterprises can replace all personnel documents with it. This is provided for by the norms of the Federal Law of July 3, 2016 No. 348-FZ. There is no need to write orders for hiring and firing, you can not develop various forms for personnel, but replace them with just one form of an employment contract developed by officials. How convenient is it?
Initially, it was assumed that the 2019 sample employment contract would be intended for micro-enterprises. Organizations and entrepreneurs who employ no more than 15 people, and last year's income amount to no more than 120 million rubles, have this status. All micro-enterprises that decide to apply the standard form are exempt from other personnel documents. In particular, they may not be:
All the necessary criteria, rules and other conditions can be specified directly in the employment contract with the employee. In order to introduce such a procedure for personnel workflow in an organization, it is enough to simply record the use of a standard form in the order. But can other organizations that do not fall into the micro category apply this form? Of course yes.
Moreover, the standard form can save them from possible fines under Article 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for liability for "avoidance of registration or improper execution of an employment contract or the conclusion of a civil law contract that actually regulates labor relations between an employee and an employer." But the standard form of an employment contract includes all the necessary conditions. article 57 of the Labor Code of the Russian Federation, which regulates the requirements for employment contracts between employers and their employees. There is only one important "but": this document does not exempt anyone, except for micro-enterprises, from the obligation to draw up all the rest of the personnel documentation.
According to article 57 of the Labor Code of the Russian Federation, they are:
What should not be included in an employment contract:
The full form of a standard employment contract between an employer and an employee includes many different situations and wordings. However, the organization has a great opportunity to leave in the form only the information that is necessary to work with a particular employee. Everything else can be simply removed. This standard employment contract is unique in that the officials provided for the correct wording in it, in accordance with the norms of the Labor Code of the Russian Federation for all possible situations. It even has sections that deal with telecommuting and home-based workers. The only thing that is not provided for by this document is the employment of foreign citizens. In fact, legislators have placed many types of employment contracts in one form.
So, the decision to apply the standard form has been made and now it must be filled out correctly. Let us consider this procedure in more detail, and then it will be possible to download a sample employment contract 2019 for free. The approved standard form contains as many as 38 points, combined into 11 chapters. Since we have already figured out above that in each specific case only some of them will be needed, let's talk about filling out the most important parts of the standard form applicable to most workers.
For example, consider how a micro-enterprise should draft employment contracts in 2019: the sample will show an agreement with a sales manager. The step-by-step instruction that we ended up with looks like this:
Step 1. The General Provisions section is mandatory in all cases. It should indicate the full name of the employer and his address, as well as the last name, first name, patronymic and position of the future employee.
In addition, if necessary, the period of probation established for a new specialist, as well as the nature of his work: main or part-time, are also indicated here. In the same chapter, you should indicate the period for which the employment contract is concluded, if it is urgent. Such information is optional and is filled in if necessary. It is also necessary to indicate from what moment the employee starts work. And also note where his workplace will be located, or note the traveling nature of the work. For example, in our case, the sales manager must travel around the city to conclude purchase and sale transactions with customers. If the job does not have any features, you can also indicate that "the employee does not have a special nature of work."
When hiring a home worker, you will need to complete item 9.1 or 9.2 in the General Provisions section. They need to provide a list of equipment that such an employee will use, as well as the procedure and terms for providing him with the necessary materials for work (if he needs them). You can also provide for the payment of compensation for the use of personal property for official purposes and specify its amount and terms of payment. In the case of remote employees, it is very important to specify the length of work and rest time.
Step 2 The section "Rights and obligations of the employee" specifies what kind of work functions the new specialist will perform. Usually this part of the form remains with standard conditions, but at the end of each subsection, the employer can indicate the features.
Step 3 Section "Rights and obligations of the employer". Similarly, with the second section, you can leave all the points proposed by the officials, and also, if necessary, add your own. For example, specify what tools and equipment the employee will be provided with.
Step 4 Section "Employee Compensation". This is a very important part of the document and it is necessary to pay special attention to it if the organization has refused to accept the regulation on remuneration. Here it is necessary to prescribe in detail what the salary consists of. A standard employment contract provides for several types of payments, next to each of which it is necessary to indicate the amount:
In addition to the amount, you must specify the conditions for receipt and frequency. Also, in the employment contract, specific terms for paying wages and ways to receive it should be determined.
Step 5 Section "Working time and rest time of the employee". Here you need to write about the length of the working day, rest time, weekends and vacations. Only fill in the lines that are required.
Step 6 Section "Labor protection". Here you should indicate the working conditions established for the employee, as well as note the mandatory passing and frequency of medical examinations. If the employee is required to use personal protective equipment, please indicate which ones.
Step 7 Section "Social insurance and other guarantees". This section is filled out when paying the employee for training, a voluntary medical insurance policy, compensation for the cost of renting housing, vouchers to a sanatorium and other social guarantees.
Step 8 The section "Other conditions of the employment contract" is very short. Most often, its completion is required when hiring homeworkers or when concluding an agreement with an individual entrepreneur. Here you can also prescribe the grounds for terminating the relationship between the employee and the employer, other than those provided Labor Code of the Russian Federation.
Step 9 The section “Changing the terms of an employment contract” usually contains general information that changing the terms of an employment contract is possible only by agreement of the parties. As a rule, nothing needs to be changed or supplemented in it.
Step 10 The section "Responsibility of the parties to the employment contract" also contains standard conditions that are suitable for most cases.
Step 11 Section 11 "Final Provisions". Here the employee must sign all the rules and regulations with which he is familiar. These include the collective agreement (if any), job responsibilities, primary briefing on labor protection and civil defense, various instructions and regulations. At the end, the full data of the employer and employee must be indicated and the signatures of both parties to the contract must be signed. The employee must also sign that he is familiar with the entire text of the contract and has received its second copy.
We talked about how you can conclude an employment contract with an employee: sample 2019 shows all the stages of working on a document step by step. A unified employment contract (form) will optimize the work of the personnel department not only in micro-enterprises, but also in other organizations. The main thing is to keep track of all changes in legislation in time and make the necessary adjustments to the document as needed when hiring new employees. A sample employment contract with an employee 2019 can help in the work (variants of contracts with various specialists were prepared by CPT experts).
article 5.27 of the Code of Administrative Offenses of the Russian Federation, for violations in the field of labor relations, the amounts of fines are: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 wage condition 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:
- Additional 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 given a probationary 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 regulatory
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 a (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
with an employee, for an indefinite period with a probationary period in a person acting on the basis of , hereinafter referred to as " Employer”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Worker”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:1.1. The Employee is hired as a structural unit located at: , in connection with which the Employer undertakes to provide the Employee with work according to the stipulated labor function, to ensure working conditions provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts, a collective agreement, agreements, local regulations containing labor law norms, timely and in full to pay the employee wages, and the Employee undertakes to personally perform the labor function defined by this agreement and comply with the internal labor regulations in force in the organization.
1.2. When exercising his rights and fulfilling his obligations, the Employee is obliged to act in the interests of the Employer. The Employee undertakes to exercise his rights and fulfill his labor duties conscientiously and rationally.
1.3. This employment contract is concluded for an indefinite period. The beginning of the contract is ""2019. The date of commencement of work is ""2019.
1.4. In order to verify the compliance of the Employee's qualifications and his attitude to work, a probationary period is set for a month from the moment the Employee begins to perform his job duties. This work is the main one for the employee.
2.1. The employee has the right:
2.1.1. To a properly equipped workplace, providing materials and supplies necessary for the Employee to perform their job duties.
2.1.2. For timely remuneration in the amounts provided for in this employment contract.
2.1.3. For annual paid leave in accordance with vacation schedules and weekly rest.
2.1.4. For social benefits in accordance with the legislation of the Russian Federation, the collective agreement and this employment contract.
2.2. The employee undertakes:
2.2.1. Conscientiously perform duties in accordance with the job description.
2.2.2. Obey the rules of the internal labor regulations of the Employer.
2.2.3. Observe labor discipline.
2.2.4. When performing work duties, comply with the rules and regulations on labor protection, safety and fire safety.
2.2.5. Treat the property of the Employer with care.
2.2.6. Keep information constituting an official and commercial secret of the Employer.
2.3. The employer has the right:
2.3.1. Require the Employee to conscientiously fulfill the obligations under this employment contract.
2.3.2. Provide employee incentives for conscientious and efficient work.
2.3.3. Bring the Employee to disciplinary responsibility for committing misconduct in the manner prescribed by the labor legislation of the Russian Federation.
2.4. The employer undertakes:
2.4.1. Accurately comply with the terms of this employment contract, pay the Employee in a timely manner, resolve issues of the Employee's social security.
2.4.2. Provide the Employee with the appropriate conditions necessary for the performance of his duties, provide the Employee with the means, materials and equipment that are necessary for the performance of the terms of this employment contract.
2.4.3. Provide conditions for the safe and efficient work of the Employee, equip his workplace in accordance with the rules of labor protection and safety.
2.4.4. Timely pay the wages stipulated by this employment contract and other payments due to the Employee.
3.1. For the fulfillment of the obligations stipulated by the terms of this employment contract, the Employee is paid a salary according to the position in the amount of rubles per month.
3.2. The annual paid leave for the Employee is set at 28 calendar days.
3.3. The employee, upon the occurrence of a relevant insured event, is provided with the following types of social insurance: temporary disability benefits, benefits in connection with labor injury and occupational disease, payment for vouchers for sanatorium treatment and rehabilitation of employees and their families, as well as other types in the manner and on conditions provided for by applicable law.
4.1. The employee bears property liability for damage caused by his actions in the presence of his fault, as well as on the terms and in the manner prescribed by the labor legislation of the Russian Federation.
4.2. Disputes and disagreements that may arise in the performance of the terms of this employment contract, the parties will seek to resolve by mutual agreement. If a mutually acceptable solution is not reached - in the manner prescribed by the labor legislation of the Russian Federation.
4.3. For all issues that have not found their solution in the terms of this employment contract, but directly or indirectly arising from the relationship between the Employer and the Employee on it, the parties to this employment contract will be guided by the provisions of the Labor Code of the Russian Federation and other relevant regulatory acts of the Russian Federation.
Employer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:
Worker Registration: Postal address: Passport series: Number: Issued by: By: Phone:
Employer _________________
Worker _________________
