Employment contract completed. 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. 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. 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;

- 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. 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 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. 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__________

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. 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 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 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)

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The employee is accepted to the Employer to perform work in a position in.

1.2. The employee is obliged to start work from "" 2019.

1.3. This employment contract comes into force from the moment it is signed by both parties and is concluded for an indefinite period.

1.4. The work under this contract is the main one for the Employee.

1.5. The place of work of the Employee is at: .

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee reports directly to the General Director.

2.2. The employee is obliged:

2.2.1. Perform the following duties: .

2.2.2. Comply with the Internal Labor Regulations established by the Employer, production and financial discipline, conscientiously treat the performance of their official duties specified in clause 2.2.1. of this employment contract.

2.2.3. Protect the property of the Employer, maintain confidentiality, not disclose information and information that is a trade secret of the Employer.

2.2.4. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without the permission of his management.

2.2.5. Comply with the requirements of labor protection, safety and industrial sanitation.

2.2.6. Contribute to the creation of a favorable business and moral climate at work.

2.3. The employer undertakes:

2.3.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (works) not stipulated by this employment contract, only in cases provided for by the labor legislation of the Russian Federation.

2.3.2. Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.

2.3.3. Pay for the work of the Employee in the amount established in clause 3.1. of this employment contract.

2.3.4. Pay bonuses, remuneration in the manner and on the conditions established by the Employer, provide financial assistance, taking into account the assessment of the personal labor participation of the Employee in the work of the Employer in the manner established by the Regulations on remuneration and other local acts of the Employer.

2.3.5. Carry out compulsory social insurance of the Employee in accordance with the current legislation of the Russian Federation.

2.3.6. To pay, in case of production necessity, in order to improve the qualifications of the Employee, his training.

2.3.7. Familiarize the Employee with the requirements of labor protection and the Internal Labor Regulations.

2.4. The employee has the following rights:

the right to provide him with the work specified in clause 1.1. this employment contract;
the right to timely and full payment of wages;
the right to rest in accordance with the terms of this employment contract and the requirements of the law;
other rights granted to employees by the Labor Code of the Russian Federation.

2.5. The employer has the right:

encourage the Employee in the manner and in the amount provided for by this employment contract, the collective agreement, as well as the terms of the legislation of the Russian Federation;
bring the Employee to disciplinary and material liability in cases provided for by the legislation of the Russian Federation;
exercise other rights granted to him by the Labor Code of the Russian Federation.

3. CONDITIONS OF PAYMENT OF THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is paid an official salary in the amount of rubles per month.

3.2. When performing work of various qualifications, combining professions, working outside the normal working hours, at night, weekends and non-working holidays, etc. The employee receives the appropriate additional payments:

3.2.1. Weekend work and non-working holidays are paid double.

3.2.2. An employee who performs for the same employer, along with his main job, stipulated by an employment contract, additional work in another profession (position) or performs the duties of a temporarily absent employee without being released from his main job, is paid an additional payment for combining professions (positions) or performing duties of a temporarily absent employee in the amount determined by the supplementary agreement to this contract.

3.2.3. Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. At the request of the Employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

3.3. Downtime due to the fault of the employer, if the Employee warned the employer in writing about the beginning of downtime, is paid in the amount of at least two thirds of the average salary of the Employee. Downtime for reasons beyond the control of the employer and the Employee, if the Employee warned the employer in writing about the start of downtime, is paid in the amount of at least two thirds of the tariff rate (salary). Downtime due to the fault of the Employee is not paid.

3.4. The conditions and amounts of payment by the Company to the Employee of incentives are established in the collective labor agreement.

3.5. The Employer pays wages to the Employee in accordance with the "Regulations on wages" in the following order: .

3.6. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.

4. MODE OF WORKING TIME AND REST TIME

4.1. The employee is set a five-day working week with a duration of 40 (forty) hours. Days off are Saturday and Sunday.

4.2. During the working day, the Employee is given a break for rest and meals from 1:00 to 10:00, which is not included in working hours.

4.3. Labor of the Employee according to the position specified in clause 1.1. contract is carried out under normal conditions.

4.4. An employee is granted annual leave of 28 calendar days. Leave for the first year of work is granted after six months of continuous work in the Company. In cases provided for by labor legislation, at the request of the Employee, leave may be granted before the expiration of six months of continuous work in the Company. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid holidays established in this Company .

4.5. For family reasons and other valid reasons, the Employee, upon his application, may be granted a short-term leave without pay.

5. SOCIAL INSURANCE OF THE EMPLOYEE

5.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.

6. WARRANTY AND REFUND

6.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

7. RESPONSIBILITIES OF THE PARTIES

7.1. In the event of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation of labor legislation, the Employer's internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.

7.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.

7.3. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and (or) inaction of the Employer.

8. TERMINATION

8.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.

8.2. The day of termination of the employment contract in all cases is the last day of the Employee's work, except for cases when the Employee did not actually work, but the place of work (position) was retained for him.

9. FINAL PROVISIONS

9.1. The terms of this employment contract are confidential and not subject to disclosure.

9.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

9.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.

9.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

9.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.

10. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Employer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

Worker Registration: Postal address: Passport series: Number: Issued by: By: Phone:

11. SIGNATURES OF THE PARTIES

Employer _________________

Worker _________________

In the vast majority of cases, the registration of employment begins with the preparation and signing of an employment contract (contract) by the employee and the employer.

An employment contract (contract) is the main document confirming and regulating labor relations between an employee and an employer.

Since 1992, labor legislation requires a written registration of labor relations with each employee, regardless of the position held.

According to Art. 67 of the Labor Code (LC), an employment contract must be concluded in writing, drawn up in two copies (one for the employee, the other for the employer), each of which is signed by the parties.

The definition of an employment contract, given in Art. 56 of the current Labor Code differs from the definition given in Art. 15 of the "old" Labor Code in that the new edition emphasizes the obligation of the employee to perform work personally (one of the main differences between labor relations and civil law, contractual relations) and the obligation of the employer to pay wages on time and in full.

The following types of employment contracts are distinguished according to the validity period:

perpetual (concluded for an indefinite period)
(the validity period is defined in the contract itself).

If the employment contract does not specify the term of its validity, the contract is considered concluded for an indefinite period. If none of the parties demanded termination due to the expiration of its term, and the employee continues to work after the expiration of the contract, the employment contract is considered concluded for an indefinite period.

In the "old" Labor Code there was no article defining the conditions that were mandatory for inclusion in an employment contract, the list of essential conditions of an employment contract followed from the content of several articles of the Labor Code, the norms contained in by-laws, as well as clarifications of the Supreme Court of the Russian Federation on the consideration of cases related to labor legislation .

Article 57 of the Labor Code determines the content of the employment contract and the procedure for changing it.

The content of the employment contract makes it possible to individualize the labor relations between a particular employee and the employer, with the help of it the problem of leveling is overcome. In the process of interviews and negotiations with the selected candidate, specific conditions are developed to be included in the contract, on which future employment relations will be built. The higher the qualifications of the future employee, the more in demand and unique his profession (specialty), the more fundamental the differences in the terms of his employment contract from the standard ones. And standard conditions are those that just do not worsen the position of the employee in comparison with the general requirements of labor legislation, the provisions of social partnership agreements and collective agreements.

The more accurately and fully the labor function of the employee, the mutual rights and obligations of the parties are described in the employment contract, the less likely it is that a labor dispute will arise in the future. On the other hand, a clear definition and consolidation in the contract for the employee of the workplace, in the event of a production need, its changes will lead to the need for a transfer (a significant change in working conditions), I "the terms of the employment contract can only be changed by agreement of the parties and in writing" (Article 57).

For example, if you hire a driver and indicate in the contract that he was hired to drive a GAZ passenger car, then later transferring him to a car of another brand will require his written consent. In the event that you indicate in the employment contract only that he is hired in a car (without specifying the brand), then transferring him from one brand of car to another will be considered a transfer and will not require the consent of the employee.

The general rights and obligations of employees and employers are established by the Labor Code, and are also supplemented by other laws regulating relations related to labor (the law "On the Fundamentals of Labor Protection in the Russian Federation", etc.) and by-laws. An employment contract may expand the rights of an employee and the obligations of an employer. It is hardly possible to talk about the possibility of expanding the rights of the employer in relation to the employee, since this leads to a deterioration in the position of the employee, and labor legislation clearly prohibits this.

Article 9 of the Labor Code determines the procedure for regulating labor relations and other relations directly related to them in a contractual manner.

For the bulk of employees, the grounds for dismissal at the initiative of the administration are listed in the Code and are not subject to expansion. An exception to this rule is the possibility of expanding the grounds for termination of labor relations in an employment contract with certain categories of employees: with the head of the organization (clause 3 of article 278); with an employee working for an employer - an individual (Article 307); with an employee of a religious organization (Article 347). A necessary and obligatory condition for the inclusion in an employment contract of additional grounds for its termination (termination) is the observance of the general principles of observance of human and civil rights and freedoms, prohibiting in particular any discrimination (see Article 3 of the Labor Code).

Additional requirements for the content and procedure for concluding employment contracts are contained in the Labor Code in relation to certain categories of employees, as well as employers - individuals.

Form of employment contract

It is simply impossible to develop a universal employment contract for all occasions. Currently, there is no established unified form. All standard forms of employment contracts established by normative acts are advisory in nature and contain only indications of the content that should be reflected in them.

For example, such normative acts include: "Recommendations for the conclusion of an employment contract (contract) in writing" (Decree of the Ministry of Labor of the Russian Federation No. 135 of July 14, 1993); "Recommendations for the conclusion of an employment agreement (contract), reflecting the specifics of the regulation of social and labor relations in the conditions of the North" (Decree of the Ministry of Labor and Social Development of the Russian Federation No. 29 of July 23, 1998), - effective in terms of not contradicting the Labor Code until the adoption of new regulations on these questions.

Previously approved by Decree of the State Statistics Committee of the Russian Federation No. 136 of December 29, 2000, the unified form of the employment contract No. TD-1, although not applicable, can be taken as a basis when you develop your own forms of employment contracts.

As an example, we give several ready-made options for employment contracts, which can also be taken as a basis:

with an employee in a person acting on the basis of , hereinafter referred to as " Company”, 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. THE SUBJECT OF THE AGREEMENT

1.1. is hired by the enterprise as; to a position to perform work duties;

2. TERM OF THE CONTRACT

2.1. The contract is concluded between the Company and the Employee for a period of years and is valid from "" 2019 to "" 2019; For undefined period; for the duration of the performance of the work stipulated by this Contract (delete the unnecessary).

3. GENERAL CONDITIONS OF THE CONTRACT

3.1. By concluding this contract, the Employee takes into account that the Company is.

3.2. Performing his immediate labor duties in accordance with this Contract, the Employee will proceed from the Charter (Regulations) of the Enterprise.

3.3. The employee reports directly to the manager, as well as to the Director of the Enterprise.

3.4. The employee is a full member of the labor collective of the Enterprise, participates with the right of a decisive vote in the activities of its general meeting (conference).

3.5. The employee has the right to express his personal opinion on any issue of the Company's activities.

3.6. The employee has the right, if necessary, to get acquainted with the internal labor regulations of the Company, the collective agreement and labor legislation.

3.7. The employee is guaranteed the unhindered exercise of the right to join a trade union. Discrimination of an Employee in terms of time and rest time, remuneration and other essential working conditions due to his participation in a trade union is not allowed.

4. OBLIGATIONS OF THE PARTIES

4.1. The employee undertakes:

perform the following work in accordance with their profession, specialty, qualification (position): ;
during the term of the contract to achieve the following results;
conscientiously, timely, at a high professional level and accurately fulfill their labor duties, comply with the internal labor regulations of the Company, use all working hours for productive work, refrain from actions that prevent other employees from performing their labor duties;
take care of the safety of equipment, raw materials, finished products and other property of the Company, as well as the property of other employees;
timely and accurately execute the orders of the Director of the Enterprise and the immediate supervisor;
by order of the Director of the enterprise to go on business trips;
not to disclose, without the consent of the immediate supervisor, the scientific, technical and other commercial and confidential information obtained during the work;
immediately notify the administration of the Enterprise about the violation of production technology, failure to comply with labor standards, cases of theft and damage to the property of the Enterprise.

4.2. The enterprise undertakes:

provide the Employee with work in accordance with the terms of this Contract;
provide the Employee with the working conditions necessary for the performance of his duties under this Contract, including providing the employee with the necessary technical and material means in good condition;
equip the workplace of the Employee with the following equipment;
provide the Employee with the following special clothing, special footwear and other personal protective equipment; organize proper care for these equipment;
comply with labor laws and labor protection rules;
ensure the terms of remuneration, norms of working time and rest time in accordance with this Contract and current legislation;
to provide the Employee with an increase in qualifications and growth of professional skills at his own expense during the year;
ensure the safety of personal property, tools, vehicles of the employee on the territory of the enterprise;
provide a car for business trips or pay compensation when using a personal car for official purposes in the following order;
in the event of the death of the Employee or the onset of his disability in the performance of labor duties, continue to pay until the expiration of the contract to his family or to him the amount in the amount of the average earnings received by the Employee during the time of work under the Contract;
ensure that the introduction of new machinery and equipment does not worsen working conditions; take the necessary measures to protect the health and safety of the Employee when working with new equipment and in new conditions.

All costs under this sub-item are borne by the Company.

5. PAYMENT

5.1. For the conscientious performance of labor duties during the monthly norm of working time, the Employee is guaranteed the payment of an official salary (tariff rate) in the amount of rubles per month. The official salary (tariff) increases depending on the index of the cost of living determined by the legislation.

5.2. The employee has the right to receive various bonuses, additional payments, bonuses, and other remunerations based on the results of his activities in accordance with the remuneration system in force at the Company.

5.3. The employee is set the following remuneration based on the results of work for the month (quarter) according to the following indicators and in the amount of: .

5.4. The employee is paid remuneration based on the results of work for the year in the amount of rubles.

6. WORKING AND REST TIME

6.1. The employee is set a normalized (non-standardized) working day.

6.2. The monthly norm of working time is . Normal hours of work must not exceed 8 (4) hours per day. Breaks for rest and meals are not included in working hours. Overtime overtime is paid at double the rate for each hour.

6.3. The time of the beginning and end of the working day, as well as a break for rest and meals, is determined by the Internal Labor Regulations of the Enterprise and the orders of the managers.

6.4. The normal duration of the working week, as a rule, should not exceed 41 (20.5) hours per week. Overtime work in excess of the normal working week is paid at double the rate for each hour. Days off are provided to the Employee in accordance with the internal labor regulations of the Company.

6.5. It is allowed, as necessary, to overwork in excess of the normal working hours, but at the same time, the working hours for the accounting period (month) should not exceed the normal number of working hours (hours).

6.6. Night time is considered from 10 pm to 6 am. Night work is paid at half the rate.

7. VACATION

7.1. The employee has the right to annual basic leave lasting calendar days. Depending on the results of the work, he may be granted additional leave. Financial assistance in the amount of rubles is paid for annual leave.

8. SOCIAL INSURANCE AND SOCIAL SECURITY

8.1. The Employee during the period of the Contract is subject to social insurance and social security in accordance with the current legislation on labor and social security.

8.2. In case of permanent disability (disability) as a result of an accident at work, the employee is paid in addition to the one-time allowance established by law in the amount of salaries.

8.3. In case of disability due to illness or as a result of an accident not related to production, the Employee is paid a lump-sum allowance in the amount of salaries.

8.4. In the event of the death of the Employee during the period of the contract, his family is paid in addition to the allowance established by law in the amount of salaries.

8.5. In case of temporary disability, the employee is paid the cost of medicines and paid services of medical institutions, in the amount of .

9. WELFARE SERVICE

9.1. Social services for the Employee are carried out by the management of the Company in accordance with the decision of the general meeting of the labor collective and at the expense of funds allocated for these purposes.

9.2. The employee is provided with the following services and benefits for social services that are not established by applicable law:

payment of a one-time allowance for annual leave in the amount of;
annual provision to the Employee and members of his family of vouchers to a sanatorium or rest home with payment by the employee of % of the cost of the voucher;
provision of an apartment to the Employee on the terms of .

10. MODIFICATION, EXTENSION AND TERMINATION OF THE CONTRACT

10.1. Changing the terms of the contract, its extension and termination is possible by agreement of the parties at any time.

10.2. Upon expiration of the Contract, it shall be terminated. This rule does not apply to cases where the employment relationship actually continues and neither party has requested its termination. In this case, the Contract is extended for the same period and with the same conditions.

10.3. The contract is subject to early termination at the initiative of the Employee in the event of:

his illness or disability preventing the performance of work under the Contract;
violation by the management of the Enterprise of labor legislation or this Contract;
other good reasons;

10.4. The contract before its expiration may be terminated at the initiative of the Company for the following reasons:

changes in the organization of production and labor (liquidation of the Enterprise, reduction in the number or staff of employees, changes in working conditions, etc.);
discovered inconsistency of the Employee with the work performed in the absence of guilty actions on his part;
guilty actions of the Employee (systematic non-fulfillment of labor duties without valid reasons, absenteeism, appearing at work in a state of intoxication and other violations of labor discipline, disclosure of trade secrets, violation of clauses 12.3 of this Contract, theft, etc.).

10.5. Dismissal at the initiative of the Company is carried out on the basis of the relevant conclusion of the head of the structural unit of the Company, while observing the requirements of labor legislation.

11. COMPENSATION AT THE TERMINATION OF THE CONTRACT

11.1. Upon termination of the Contract on the grounds provided for in paragraphs 10.3 and 10.4, the Employee is paid a severance pay in the amount of the average monthly salary. Upon termination of the Contract on the grounds provided for in clause 10.4, the Employee also retains the average monthly earnings for the period of job search during the second and third months from the date of dismissal, if he registered with the employment service as a job seeker within 10 calendar days after dismissal .

11.2. Subject to the termination of the contract (for valid reasons), along with the payments provided for by the current legislation and this Contract, the Employee is also paid a one-time allowance in the amount of rubles.

12. SPECIAL CONDITIONS

12.1. The enterprise serves as the main place of work for the Employee; The employee is hired at the Enterprise on a part-time basis (strike out the unnecessary).

12.2. Labor functions that do not follow from this Contract may be carried out by the Employee within the Company only with the consent of the head of the structural unit and the director of the Company.

12.3. The Employee does not have the right to perform work under contracts with other enterprises and organizations related to this Contract, as well as to engage in any other type of activity in other enterprises and organizations if this may cause economic or other damage to the Enterprise. Failure to comply with this paragraph is sufficient grounds for the dismissal of the Employee.

12.4. The Enterprise pays the Employee within days after the conclusion of the Contract a one-time allowance in the amount of rubles. The allowance is not a form of remuneration.

12.5. The enterprise pays the Employee rubles on a monthly basis.

12.6. All materials created with the participation of the Employee and on the instructions of the Company are the property of the Company.

12.7. The Parties undertake not to disclose the terms of this Contact without mutual consent.

12.8. The terms of this Contract may be changed only by agreement of the parties.

12.9. The Parties are responsible for the fulfillment of obligations under this Contract in accordance with applicable law.

12.10. Disputes arising between the parties to the Contract shall be resolved in accordance with the procedure established by the current legislation.

12.11. In all other respects not provided for by this Contract, the parties are guided by the norms of the Labor Code of the Russian Federation and the Charter (Regulations) of the Enterprise.

13. OTHER TERMS

13.1. This Contract is made in two copies: one for each of the parties and is considered valid only if there are signatures of both parties: the Employee and the Enterprise, certified by the seal of the latter.

14. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Company Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

Worker Registration: Postal address: Passport series: Number: Issued by: By: Phone:

15. SIGNATURES OF THE PARTIES

Company _________________

Worker _________________

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:

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:

Precisely agreed on the term (for example, for an elected position for a certain period).
For a relatively precise period (if the organization is organized to perform certain functions).
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.

Additional 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:

Full name of the citizen entering the work.
Name and details of the employer, including TIN.
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.
Guarantees.
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 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:

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