Standard form of an employment contract with an employee who has reached. Filling out an employment contract: a sample. clauses of the employment contract. Employment contract of an individual entrepreneur with an employee

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EMPLOYMENT CONTRACT No. (contract number) dated March 26, 2019

(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. General Provisions

1.1. Employee (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),
with (“____” _____________ 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. Rights and obligations of the Employee

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. Rights and obligations of the Employer

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;

– to provide sanitary-household and medical and preventive services to 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. Characteristics of working conditions

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. Mode of work and rest

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. Social insurance

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. Pay

7.1. Conditions of remuneration of the worker (the size of the tariff rate or salary, additional payments, allowances, incentive payments)

8. Amendments to the employment contract

8.1. The terms of this employment contract can be changed only 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. Entry into force of the employment contract

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. Other terms of the contract

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.

11. Data of the Parties

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__________

Employee:

(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. 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:

a) ____________________________________________________________________

(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 duration 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 respective 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

The date "__" _________________________

(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. Paragraph 27 applies to employees - 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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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! The 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:

  • the nature of the emergence, development, termination of labor relations;
  • duration of the employment relationship;
  • rights and obligations of each of the parties;
  • the obligation of the employer to ensure working conditions that comply with the provisions of labor legislation, to pay wages in a timely manner.
  • the duty of a hired citizen to conscientiously fulfill his duties, observe discipline and the internal regulations of the enterprise.

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.

Types of contracts

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 indefinite 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:

  1. Precisely agreed on the term (for example, for an elected position for a certain period).
  2. For a relatively precise period (if the organization is organized to perform certain functions).
  3. Urgent (for example, to temporarily replace an absent employee).

By the nature of the relationship:

  • concluded at the main place of work (TD-1);
  • to combine positions (it is allowed in free time from the main job at the same enterprise, or at another.);
  • short-term;
  • for seasonal work
  • home work.

The following employers may enter into agreements:

  • legal entities and individual entrepreneurs;
  • individuals without registration as an individual entrepreneur.

Classification of agreements on working conditions:

  • normal (standard) conditions;
  • shift work, with night shifts;
  • work in hazardous production;
  • work in the Far North or in areas equivalent to it.

By scope of work:

  • at the main place of work: full-time work at a full rate with the storage of a work book at this enterprise;
  • part-time: in free time from the main activity.

Forms of employment contracts

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.

Download the employment contract form

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.

Supplementary agreement:

Download in Word format.

What should an employee contract contain?

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:

  1. Full name of the citizen entering the work.
  2. Name and details of the employer, including TIN.
  3. Place and date of the document.

Information about the conditions of professional activity:

  • Profession, position, qualification (according to the staff list) and workplace.
  • The moment of commencement of work and the duration of the contract.
  • Mode of work and rest. Usually, an employee is given the opportunity to work according to a schedule common to the entire enterprise. But some cases provide for an individual, flexible or shift schedule, part-time, division of the working day into several parts.

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.

  • Terms of payment, wages: tariff rate or salary, additional payments, incentives, benefits, compensation for special or harmful conditions.
  • Rights and obligations of the employee and the employer.
  • Warranty.
  • nature and working conditions.

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

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:

  • Clarifications about the upcoming place of work: for example, an indication of a separate structural unit and its actual address.
  • Trial period and its conditions. Often it is required to check the qualifications and knowledge of the employee when applying for a job.

The term should not exceed three months, for management - 6 months, excluding illness or absence for good reasons.

  • Delivery to work. This item is of great importance when the workplace is significantly removed (for example, for road workers), when the working day starts too early and ends too late (drivers, conductors).
  • Clause on non-disclosure of classified information of an official or commercial nature or state secrets.
  • A clause on the need to work for a certain period of time at a given enterprise when training an employee at the expense of the employer.
  • Conditions of social or health insurance of a mandatory or additional nature.
  • The possibility of providing housing. An apartment can be temporary or permanent, provided in the future or right now, capital housing, a separate or shared apartment, a home loan, full or partial payment for rented housing.

In any case, the parties may introduce a clause on improving social and living conditions for the person being hired, his family.

  • Additional opportunities for non-state pension provision.

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.

Notification of the conclusion of an employment contract

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 items 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:

  1. Federal Tax Service of the Russian Federation (notification period 10 days).
  2. Employment Center (3 days).
  3. Federal Migration Service (7 days).

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 procedure for signing an employment contract and its entry into force

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.

Is it possible to cancel the concluded contract

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.

Finally

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.

An employment contract is an agreement between an employer and an employee on the nature and duration of the employment relationship. An employment contract legally formalizes the mutual rights and obligations of participants in an employment relationship. A properly drawn up employment contract will protect the interests of the employer without infringing on the rights of the employee, and will help to avoid many undesirable legal consequences. The parties to the employment contract are the employer and the employee.

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 designated labor function, to ensure the working conditions provided for by labor legislation and other regulations, to pay wages to the employee in a timely manner and in full, and the employee, for his part, undertakes personally perform the labor function determined by this agreement, comply with the internal labor regulations applicable to the employer. The main document regulating labor relations is the Labor Code, and the terms of the employment contract should not contradict its articles. At the same time, in disputable situations, they will be interpreted as described in the labor code.

An employment contract should be distinguished from. The employment contract provides the employee with a number of benefits, guarantees and compensations that are not provided for contractual relations.

Sometimes in practice the terms labor contract, labor agreement are used.

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract remains with the employee, the other is kept by the employer. The fact of receipt of a copy of the employment contract by the employee is certified by the signature of the employee on the copy of the employment contract kept by the employer.

An employment contract 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 legal representative. When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee was actually admitted to work.

According to the Labor Code, an employment contract may contain additional conditions that do not worsen the position of an employee in comparison with those established by labor legislation and other regulatory legal acts, a collective agreement, agreements, local regulations, namely:

  • Condition on specifying the place of work, indicating the structural unit of registration and its location;
  • Probationary condition;
  • Agreement on non-disclosure of official or commercial information;
  • A condition on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
  • An agreement on the types and conditions of additional social and medical insurance for the employee;
  • Condition on the possibility of improving the social and living conditions of the employee;
  • A clause specifying the working conditions of this employee, as well as the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.

When concluding employment contracts with certain categories of employees, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding employment contracts or their conditions with relevant persons or bodies that are not employers under these contracts, or drawing up employment contracts in more copies.

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

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

Sample employment contract with an employee (2019)

Employment contract, form

The meaning of the employment contract

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

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

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

  • the subject of the employment contract is the work of the employee. The subject of civil law contracts is the final result (book, painting, project);
  • an employment contract involves the personal performance of work, it cannot be redirected to another contractor. In civil law, this obligation must be fixed in the text of the document itself;
  • under an employment contract, the employee must obey the internal regulations in the organization. There is no such obligation in civil law;
  • under an employment contract, the employer must create normal and safe working conditions. Under civil law, the employee independently organizes his workplace.

Types of employment contracts

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

By validity period:

  • imprisoned for an indefinite period;
  • concluded for a fixed period (no more than 5 years).

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

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

By the nature of the working relationship:

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

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

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

By type of employer:

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

Sample employment contract (2019)

Depending on the legal status of the employee:

  • signed with minor citizens;
  • prisoners with persons who perform family duties;
  • issued with foreigners;
  • signed with stateless persons.

According to the nature of working conditions, the division is as follows:

  • under normal working conditions;
  • taking into account employment at night;
  • prisoners with citizens working in the regions of the Far North and in the territories equated to them;
  • in hazardous work conditions.

Types of employment contract depending on the amount of work performed:

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

In the first case, the employee works full-time for the employer all day. This is where he keeps his workbook.

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

It is not allowed to conclude part-time contracts with persons under 18 years of age, as well as with those whose main work is classified as difficult or performed in hazardous working conditions, if part-time employment implies the same characteristics.

Of particular note are the contracts concluded with senior employees. When compiling them, there are some features, in comparison with other categories of workers, which need to be paid special attention.

Form of employment contract

Let's answer the question: in what form is the contract concluded? For this, it is used, approved by Decree of the Government of the Russian Federation No. 858 of 08/27/2016.

The employment contract of 2019 (a sample can be downloaded in our article) is drawn up in writing in two copies. Each copy is signed by the director and employee. One is transferred to the employee, the second is kept by the employer. As a sign of receipt of a copy, the employee must put a personal signature on a document kept by the employer.

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

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

Parties to the employment contract

The parties are the employee and the employer.

An employee is an individual who is at least 16 years old. The law does not prohibit the signing of a contract with 14-year-olds. But some conditions must be met:

  • work should be easy;
  • not disrupt the learning process;
  • the presence of the consent of the official representative, most often they are the parents of a teenager.

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

The employer is a legal or natural person who is not prohibited from entering into employment contracts.

Employment contract with a forwarding driver

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.

Can IP enter into TD

The labor code states that both legal entities and individuals can join the number of employers. The latter are subdivided:

  • For individuals with the status of an individual entrepreneur;
  • For individuals without status, concluding contracts with other people who will serve them or perform any work.
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.

Model contract 2019: download the form

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:

  • Regulation on payment;
  • Labor regulations;
  • Labor protection instructions;
  • job descriptions;
  • Shift schedule.
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.

Types of TD

The entrepreneur has the right to conclude any of the existing contracts with the employee. There are 3 in total.

1. Perpetual

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.

2. Urgent

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:

  • To perform urgent and seasonal work;
  • To temporarily replace an employee on maternity leave on sick leave;
  • For the period of vocational training or internship of the employee.

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.

3. Civil law

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.

Filling in the TD: sample and form

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:

  • Information about the employee: full name and from the passport;
  • Information about the employer: full name, from the passport and TIN;
  • date of conclusion;
  • Start and end of the action (if necessary);
  • Rights/obligations of the parties to the agreement;
  • Position;
  • Place of work;
  • Working conditions and the availability of compensation for hard (dangerous, harmful) work;
  • The salary for which the individual entrepreneur will pay wages;
  • Conditions for the payment of allowances, bonuses;
  • Mode of work and rest;
  • Social guarantees;
  • Types and conditions of insurance.

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:

  • On non-disclosure of official, commercial, other secrets;
  • On the mandatory working off of the funds spent by the employer on employee training;
  • On the conditions and types of additional insurance;
  • Improving the living conditions of the employee and his family.

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.

List of required documents

When applying, a future employee must provide you with a certain package of documents:

  • The passport;
  • SNILS (insurance card);
  • Military ID (if he is a man of military age);
  • Documents confirming qualifications;
  • Labor book.
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.

Registration of an employee in funds

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:

  • for pension insurance;
  • for health insurance;
  • For social security.

Plus, a businessman who earns by doing business and hires 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.