Old-style employment contract. Employment contract with employee

Employment contract with the employee is an agreement between an employer (company or individual entrepreneur) and an employee (individual), according to which the employee undertakes to perform certain work, and the employer is obliged to provide the employee with work, pay wages on time and create working conditions that comply with the law.

An employment contract with an employee can only be terminated by mutual consent of the employer and employee, or if one of the parties fails to fulfill its obligations. Termination of an employment contract cannot be carried out if the employee is on vacation, sick leave, etc.

The employment contract is drawn up in two copies - one for each party to the employment agreement.

According to the latest changes in Russian legislation, a sample employment contract must include the following details:

• Employee's name
• employer details
• job title and responsibilities of the employee
• employer's responsibilities
• working conditions
• date and place of drawing up the agreement, signatures of the parties

Standard employment contract - sample

EMPLOYMENT AGREEMENT No. ______

"Romashka" LLC, hereinafter referred to as the "Employer", represented by Director Pyotr Evgenievich Sergeev, acting on the basis of the Charter, on the one hand, and Klara Gennadievna Ivanova, hereinafter referred to as the "Employee", on the other hand, have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. In accordance with the terms of this agreement, the Employee undertakes to perform work as a manager in compliance with the current legislation of the Russian Federation, internal documents of the Company, including internal labor regulations (mode, volume and work schedule), and the Employer undertakes to pay the Employee wages and ensure working conditions, provided for by labor legislation and this agreement.

1.2. The contract regulates labor and other relations between the Employee and the Employer. The contracting parties acknowledge that their rights and obligations are regulated by this Agreement and the norms of the current legislation of the Russian Federation.

1.3. Work under this agreement is the main place of work for the Employee.

1.4. Start date: 04/15/2016

1.5. The Employee reports directly to the director, whose instructions within the job description are mandatory for the Employee.

2. GENERAL PROVISIONS

2.1. Based on this agreement, the Employee is appointed to a position and begins his duties from the moment the relevant order is signed.

2.2. The Employee is assigned the responsibilities specified in the job description.

2.3. When carrying out legal relations within the framework of this agreement, the parties are guided by the principles:

Conscientious performance by the Employee of his official duties as a subject of civil law relations;

Assistance to the Employee from the higher management bodies of the Employer in the exercise of his official rights and obligations, ensuring proper working conditions and compliance by the Employer with the terms of this agreement and the provisions of the current legislation of the Russian Federation;

The Employee is a staff member of the Employer and exercises his rights and obligations, guided by current legislation and this agreement.

2.4. When exercising his official rights and fulfilling his duties, the Employee must act in the interests of the Employer proactively, wisely and honestly, avoid violations of the law, financial and labor discipline, and strive to improve work efficiency within his competence.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

1.1. The employee is obliged:

1.1.1. conscientiously perform their job duties in accordance with the job description;

1.1.2. comply with internal labor regulations;

1.1.3. strive to improve the results of financial and economic activities, maintaining them at the level necessary for the development of the organization and the social sphere;

1.1.4. ensure the proper condition and reliability of the Employer’s internal documents, drawn up by him in the process of work in accordance with the established procedures and standards;

1.1.5. ensure compliance of the Employer’s current activities with the requirements of the current legislation of the Russian Federation;

1.1.6. observe labor discipline;

1.1.7. comply with labor protection and occupational safety requirements;

1.1.8. treat the property of the Employer and other employees with care;

1.1.9. ensure compliance with established labor standards;

1.1.10. ensure implementation of management decisions;

1.1.11. do not transmit, without the consent of management, to the media and other third parties materials related to the activities of the Employer, either under one’s own name or under a pseudonym;

1.1.12. not to allow disclosure of information constituting a trade secret;

1.1.13. to keep secret for the entire duration of this agreement and 3 years after its termination or termination the data that became known to him during his work in the organization and is a trade secret:

Legal, technical and special documentation prepared and available to the Employer, including statistical information;

Information related to financial transactions of both the Employer itself and its business partners and clients, as well as scientific, technical, legal, business and other types of documentation that are the property of the Employer;

Information about the amount of wages of the organization’s employees;

All information about the company's clients.

1.1.14. while working under this agreement, do not provide services to other organizations or persons if this may cause a violation of confidentiality or go against the interests of the Employer;

1.1.15. immediately inform your immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, or the safety of the Employer’s property.

1.2. The employee has the right to:

1.2.1. conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

1.2.2. providing him with work stipulated by this employment contract;

1.2.3. a workplace that meets the conditions provided for by state standards and labor safety;

1.2.4. timely and full payment of wages;

1.2.5. rest provided by establishing normal working hours, providing weekly days off, non-working holidays, paid annual leave;

1.2.6. complete reliable information about working conditions and labor protection requirements in the workplace;

1.2.7. professional training, retraining and advanced training in the manner established by this Labor Code of the Russian Federation and other federal laws;

1.2.8. protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;

1.2.9. compensation for harm caused to an employee in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;

1.2.10. compulsory social insurance in cases provided for by federal laws.

1.3. The employer is obliged:

1.3.1. comply with laws and other regulatory legal acts, local regulations, and the terms of this employment contract;

1.3.2. provide the Employee with work stipulated by the employment contract;

1.3.3. ensure labor safety and conditions that meet occupational safety and health requirements;

1.3.4. provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties;

1.3.5. provide the Employee with support and assistance when carrying out activities aimed at increasing the efficiency of the organization;

1.3.6. pay the full amount of wages due to the Employee within the time limits established by this employment contract;

1.3.7. carry out compulsory social insurance of the Employee in the manner established by federal laws;

1.3.8. compensate for damage caused to the Employee in connection with the performance of their job duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts;

1.3.9. perform other duties provided for by current federal legislation and this employment contract.

1.4. The employer has the right:

1.4.1. conclude, amend and terminate employment contracts with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

1.4.2. encourage the Employee for conscientious, effective work;

1.4.3. demand from the Employee the performance of his labor duties and careful attitude towards the property of the Employer and other employees, compliance with the internal labor regulations;

1.4.4. exercise control over the proper compliance by the Employee with the requirements of the legislation of the Russian Federation and internal documents of the Employer;

1.4.5. if necessary, apply both incentive measures and disciplinary measures to the Employee in the manner prescribed by current legislation;

1.4.6. in order to improve the efficiency of the organization, give the Employee mandatory instructions;

1.4.7. bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws.

You can download the full text of the employment contract from the link below:

Download the employment contract form

When applying for a job, do not forget to prepare an employment order and make an appropriate entry in the work book.

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

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

Since 1992, labor legislation has required written documentation of labor relations with every employee, regardless of position.

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 employee’s obligation to perform work personally (one of the main differences between labor relations and civil law, contractual relations) and the employer’s obligation to pay wages on time and in full.

Based on the validity period, the following types of employment contracts are distinguished:

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

The “old” Labor Code did not have an article defining the conditions that must be included in an employment contract; the list of essential conditions of an employment contract resulted from the content of several articles of the Labor Code, the norms contained in the 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 relationship between a specific employee and the employer, and with its help the problem of equalization 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 labor relations will be based. The higher the qualifications of the future employee, the more in demand and unique his profession (specialty), the more radically the conditions of his employment contract differ from the standard ones. And standard conditions are those that simply do not worsen the employee’s position in comparison with the general requirements of labor legislation, the provisions of social partnership agreements and collective agreements.

The more accurately and completely the employment contract describes the employee’s labor function, the mutual rights and obligations of the parties, the less likely it is that a labor dispute will arise in the future. On the other hand, a clear definition and assignment of the employee’s workplace in the contract, in case of production necessity, changing it will lead to the need to formalize a transfer (a significant change in working conditions), and “the terms of the employment contract can be changed only by agreement of the parties and in writing” (v. 57).

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

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 Safety in the Russian Federation,” etc.) and by-laws. An employment contract can expand the rights of the employee and the obligations of the 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 worsening of the employee’s situation, and labor legislation clearly prohibits this.

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

For the majority of employees, the grounds for dismissal at the initiative of the administration are listed in the Code and cannot be expanded. An exception to this rule is the possibility of expanding the grounds for termination of employment 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 mandatory condition for including additional grounds for termination (termination) in an employment contract is compliance with the general principles of respect for 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.

Employment contract form

For example, such regulations include: “Recommendations for concluding an employment agreement (contract) in writing” (Resolution of the Ministry of Labor of the Russian Federation No. 135 of July 14, 1993); "Recommendations for concluding an employment agreement (contract), reflecting the specifics of regulating social and labor relations in the North" (Resolution of the Ministry of Labor and Social Development of the Russian Federation No. 29 of July 23, 1998), - valid insofar as they do not contradict the Labor Code until the adoption of new regulations on these questions.

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

As an example, here are several ready-made versions of employment contracts that can also be taken as a basis:

All issues related to the salary of an employee, his working conditions, the possibility of receiving bonuses, going on vacation, leaving work are prescribed in the employment contract; accordingly, every reputable enterprise is obliged to conclude it with each of its subordinates. At the same time, it is very important not to confuse the standard form of the contract with, since it makes sense to conclude the second document when the work will be performed one-time and formalizing an employment relationship for a long period is simply impractical. In addition, the contract may specify the end date of its validity, which in some situations may be appropriate.

What is the employment contract form regarding the 2016 changes?

To begin with, it is very important to determine the main thing for yourself, because the second option is more beneficial to the authorities than to the subordinates. Since the phrase “labor” does not appear in the title, it can be understood that labor law norms will not apply in this case. There is also no question of accruing seniority. Both situations are more beneficial to the management - there is no need to pay contributions to the budget, there is no need to worry about the already mentioned labor standards. There is no requirement to provide payments related to going on vacation when applying for sick leave and other components of the social package. By and large, in such a relationship, it is the employer who receives the greatest benefit, and the employee is more of a freelancer, that is, such work cannot be considered permanent.

The main disadvantage of a GBPC from an employment contract is that both parties receive more rights, and accordingly, more responsibilities appear. Of course, for this, the employer is forced to pay contributions to various funds, provide a social package and other benefits of official work. The document itself is always drawn up in two copies, since the employee must take the second form for himself. There is responsibility for refusing to provide a second copy to a subordinate, and you will also have to be responsible for refusing to draw up this agreement.

The document must necessarily contain the full name of the hired employee, the name of the company, in addition, the actual place of work is always indicated. In the section where the position will be entered, it is important to indicate the structural unit. That is, this could be a manager in the customer service department, an administrator in the sales department, etc. A very important point is the section describing rights and responsibilities. This point is important because an error or inaccuracy in it can significantly infringe on the rights of the employee. Here you need to write the following:

1. What should an employee do, taking into account the existing job description. The instructions are always written in accordance with the position to which the new employee takes up.
2. It is in this section that there will be information about accrued wages, the order of this process, and all kinds of motivational issues (advances, bonuses, increases).
3. The responsibility of the management is, in addition to paying wages, establishing a social package, contributions to funds and other working issues that are specified in the Labor Code of the Russian Federation. This also includes the obligation to provide the necessary protective clothing and equipment to perform the work, taking into account labor law standards.
4. The contract must include the working hours and the amount of remuneration (rate), and do not forget about the rest standards. It is always necessary to refer to, which establishes these points.

Such an agreement may also contain some specific working conditions, which for one reason or another were not included in the previous sections. The agreement will come into force only after signatures must be provided by both parties. This should be done on the first day when the new employee begins his immediate duties.

Document file size: 27.1 kb

If the Company intends to hire a new employee, according to the law, it is obliged to conclude an employment contract with him. This type of agreement implies a clear description of all aspects of cooperation between both parties.

Basic provisions of the employment contract

First of all, the contract must indicate what position the employee is being hired for and what duties he is being hired to perform. Next, the Company specifies the period for which the contract is concluded with the Employee.

The next section of the agreement describes the position that the Employee occupies in the workforce of the Enterprise.

Main responsibilities of the parties

The enterprise must clearly state the list of the main responsibilities of the Employee. Also, at its discretion, the Company may include in this section of the contract certain results that it intends to obtain from the employee during the period of his work. The following describes the basic requirements for the Employee and his job responsibilities.

In turn, the enterprise undertakes to provide the employee with decent working conditions, providing him with a workplace, providing him with special clothing and timely and full payment.

The procedure for remuneration, the amount of payments and the amount of possible incentives are prescribed by the Enterprise in section 5 of this agreement.

Work schedule and social guarantees

The Company undertakes to create a specific work schedule for the Employee, taking into account time for rest and annual main leave. The Company also provides the employee with the opportunity of social security and insurance for the entire period of work. The Employer may also indicate the possibility of providing the Employee with special benefits and services:

• payment of benefits;
• provision of spa treatment on an annual basis;
• provision of a service apartment.

The employee can also count on compensation in the event of premature termination of the contract by the Enterprise.

Form of employment contract with employee

Sample employment contract with an employee (completed form)

Download Employment contract with employee

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LABOR CONTRACT with employee No.

1. THE SUBJECT OF THE AGREEMENT

1.1. is hired by the company as a ; for a position to perform job duties;

2. CONTRACT TERM

2.1. The contract is concluded between the Enterprise and the Employee for a period of one year and is valid from “” year to “” year; For undefined period; for the duration of the work stipulated by this Contract (delete what is unnecessary).

3. GENERAL CONDITIONS OF THE CONTRACT

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

3.2. When performing his direct 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 Enterprise’s workforce and participates with a casting vote in the activities of its general meeting (conference).

3.5. An employee has the right to express a personal opinion on any issue of the Company’s activities.

3.6. The employee has the right, if necessary, to familiarize himself with the internal labor regulations of the Enterprise, the collective agreement and labor legislation.

3.7. The employee is guaranteed the unimpeded exercise of the right to form a trade union. Discrimination against an Employee in terms of time and rest periods, wages and other essential working conditions due to his participation in a trade union is not permitted.

4. OBLIGATIONS OF THE PARTIES

4.1. The employee undertakes:

• perform the following work in accordance with your profession, specialty, qualification (position): ;
• during the contract period, achieve the following results;
• conscientiously, timely, at a high professional level and accurately perform their job duties, comply with the internal labor regulations of the Company, use all working time for productive work, refrain from actions that interfere with other employees from performing their job duties;
• take care of the safety of equipment, raw materials, finished products and other property of the Enterprise, as well as the property of other employees;
• timely and accurately execute the orders of the Director of the Enterprise and immediate supervisor;
• by order of the Director of the enterprise, go on business trips;
• not to disclose scientific, technical and other commercial and confidential information obtained during work without the consent of the immediate supervisor;
• immediately notify the administration of the Enterprise about violations 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 him to fulfill his duties under this Contract, including providing the employee with the necessary technical and material means in good condition;
• equip the Employee’s workplace with the following equipment;
• provide the Employee with the following special clothing, special shoes and other personal protective equipment and organize proper care of these equipment;
• comply with labor legislation and labor protection rules;
• ensure conditions of remuneration, norms of working time and rest time in accordance with this Contract and current legislation;
• ensure that the Employee improves his qualifications and grows his professional skills at his own expense during the days of the year;
• ensure the safety of personal property, tools, and 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 business purposes in the following order;
• in the event of the death of the Employee or the onset of disability during the performance of work duties, continue to pay until the expiration of the contract to his family or to him an amount in the amount of the average earnings received by the Employee during work under the Contract;
• ensure that the introduction of new technology 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.

5. REMUNERATION

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

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

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

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

6. WORKING TIME AND REST TIME

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

6.2. The monthly working hours are . Normal working hours should not exceed 8 (4) hours per day. A break for rest and food is not included in working hours. Overtime beyond the normal working day is paid at double the rate for each hour.

6.3. The start and end times of the working day, as well as breaks for rest and food, are determined by the Internal Labor Regulations of the Enterprise and orders of managers.

6.4. The normal working week should generally not exceed 41 (20.5) hours per week. Overtime beyond 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 Enterprise.

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

6.6. Night time is considered to be from 10 pm to 6 am. Night work is paid at time and a half.

7. VACATION

7.1. The employee has the right to annual basic leave of calendar days. Depending on his performance, 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. During the period of validity of the Contract, the Employee 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 loss of ability to work (disability) as a result of an accident at work, the employee is paid, in addition to the one established by law, a lump sum benefit in the amount of salary.

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 one-time benefit in the amount of salary.

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

8.5. In case of temporary loss of ability to work, the employee is paid the cost of medications and paid services from medical institutions in the amount of .

9. SOCIAL AND HOUSEHOLD SERVICES

9.1. Social services for the Employee are provided by the management of the Enterprise in accordance with the decision of the general meeting of the workforce 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, not established by current legislation:

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

10. CHANGE, CONTINUATION 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 is 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 Employee’s initiative in the following cases:

• his illness or disability preventing him from performing work under the Contract;
• violations by the management of the Enterprise of labor legislation or this Contract;
• other valid reasons;

10.4. The contract before its expiration may be terminated at the initiative of the Enterprise on the following grounds:

• 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 failure to fulfill work duties without good reason, absenteeism, appearing at work while intoxicated and other violations of labor discipline, disclosure of trade secrets, violation of clause 12.3 of this Contract, theft, etc.).

10.5. Dismissal at the initiative of the Enterprise is carried out on the basis of the corresponding conclusion of the head of the structural unit of the Enterprise, in compliance with the requirements of labor legislation.

11. COMPENSATION UPON TERMINATION OF THE CONTRACT

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

11.2. Subject to termination of the contract (for good reasons), along with the payments provided for by current legislation and this Contract, the Employee is also paid a one-time benefit 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 to work for the Enterprise on a part-time basis (cross out what is not necessary).

12.2. Labor functions not arising from this Contract may be performed by the Employee within the Enterprise only with the consent of the head of the structural unit and the director of the Enterprise.

12.3. The employee does not have the right to perform work related to this Contract under contracts with other enterprises and organizations, as well as 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 clause is sufficient grounds for dismissal of the Employee.

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

12.5. The Company pays the Employee monthly rubles.

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

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 fulfilling their obligations under this Contract in accordance with current legislation.

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

12.11. In all other respects not provided for in 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 drawn up 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

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The basis for the emergence of labor relations is the employment contract.

According to Article 56 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code), an employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing standards labor law, collective agreement, agreements, local regulations and this agreement, pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement in the interests, under the management and control of the employer, internal labor regulations in force at this employer. The basis for the emergence of labor relations is the employment contract.

Employment contract form

The law does not provide for a unified form for such documents, so the employer can draw them up in any form.

The employment contract is drawn up in writing and drawn up in two copies, each of which is signed by the parties.

One copy of an open-ended (or temporary) employment contract is given to the employee, the other is kept by the employer. An agreement that is not drawn up in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative. The employer is obliged to draw up a standard contract with him in writing no later than three working days from the date of the employee’s actual admission to work.

The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer.
The employment contract form can be drawn up not only on paper, but also in electronic form. The exchange of documents in electronic form between employers and employees is carried out using public information and telecommunication networks, including the Internet.

An employment contract must necessarily contain the conditions specified in Article 57 of the Labor Code. At the same time, failure to include any mandatory conditions in the employment contract is not a basis for recognizing it as not concluded or for its termination. In this case, the contract must be supplemented with the missing terms by drawing up additional terms. agreements to the employment contract.

The subject of both an open-ended and temporary employment contract is the personal performance of work of a certain type, i.e. the individual labor process, its organization and conditions (in contrast to civil contracts, the subject of which is the result of labor).

The employment contract form must indicate that the employee must perform work related to his function (work in a certain specialty, qualification or position), while adhering to the internal rules in force in the given organization. The employer undertakes to provide certain working conditions provided for by law and agreement.

The parties to the employment contract are: as an employer - an enterprise of any form of ownership, institution, organization, individual citizens; as an employee - citizens who have reached 16 years of age (in exceptional cases, 15 years of age); students who have reached 14 years of age - in cases and in the manner prescribed by law.

Individuals who have reached the age of 18 years, provided that they have full civil capacity, as well as persons who have not reached the specified age, have the right to conclude and sign the completed forms of temporary and open-ended employment contracts as employers, from the day they acquire civil capacity. in full (Article 20 of the Labor Code of the Russian Federation).

The essential conditions that must be included in the employment contract form are (Article 57 of the Labor Code of the Russian Federation):

— Place of work— name and location of the organization where the employee is hired. If the structural units of the organization are located in different localities and administrative regions, then the place of work when concluding an employment contract is specified in relation to these structural units. Since the place of work is a necessary contractual condition, its change is possible only by mutual agreement of the parties.
— Labor function- type of work in accordance with the qualifications for a certain profession (position) that the employee must perform. The type of work remains unchanged for the entire duration of the temporary employment contract. The employer does not have the right to require the employee to perform work not stipulated by the contract.
— Start date(and its end date if a fixed-term (temporary) employment contract is concluded). The start time of work is a necessary condition and is of significant importance, since from this moment the employee is subject to wage legislation. Typically, the start of work follows immediately after the conclusion of the contract. However, the parties can agree on some delay of this moment. If the term is not specified, then such an agreement is considered an open-ended employment contract.
—Terms of payment(including the size of the employee’s tariff rate or official salary, additional payments, allowances and incentive payments). The condition on remuneration must also be considered essential, and it must be indicated in the form of the employment contract, otherwise such a document cannot be considered concluded. In accordance with Article 129 of the Labor Code of the Russian Federation, when paying workers, tariff rates, salaries, as well as a non-tariff system can be used, if the organization considers such a system the most appropriate.
— Other conditions, provided for in Article 57 of the Labor Code of the Russian Federation.

In addition, it is necessary to note in the document if it is concluded for the duration of seasonal work, if it is urgent (temporary) or part-time.

The form of an open-ended employment contract may contain additional conditions, for example (Article 57 of the Labor Code of the Russian Federation):

- on establishing a probationary period,
- on non-disclosure of secrets protected by law,
— about combining professions (positions),
— about the types and conditions of additional employee insurance,
— on improving the social and living conditions of the employee and his family members,
- on the employee’s obligation to work after training for at least the period established by the employment contract, if the training was carried out at the expense of the employer,
- on the duration of additional leave, as well as other conditions that do not worsen the employee’s position in comparison with the Labor Code of the Russian Federation, laws and other regulatory legal acts (Article 57 of the Labor Code of the Russian Federation).

The standard form of an employment contract with an employee contains the following attachments:
- Job description;
- Schedule;
— Agreement on non-disclosure of confidential information.

The employment contract form contains the following accompanying documents:
- Additional agreement.

Features worth paying attention to

When hiring a new employee for a permanent job, indicate in his employment contract a specific salary amount (tariff rate) in rubles. It is inappropriate to write down the phrase “the employee’s salary is set according to the staffing table” in the employment contract.

The fact is that if you make such a reference to the staffing table in the employment contract, it will become an integral part of this employment contract. In such a situation, each time you will have to familiarize the employee, against signature, with the staffing table and all changes in it.

In addition, difficulties may arise with issuing an order to hire an employee, since the lines of form No. T-1 “with the tariff rate (salary)”, “allowance” are designed specifically for recording in numbers. The same applies to filling out form No. T-1a.

An important nuance: an employment contract is also one of the documents that confirms the validity of labor costs. And not only salaries, but also other payments to the employee, which, according to Article 255 of the Tax Code of the Russian Federation, must be provided for in the employment contract so that their amount can be taken into account when calculating income tax.

Numbering of employment contracts

In practice, the question often arises: is it necessary to number employment contracts? The legislation does not contain a clear answer to this question.

Mandatory information that an employment contract must contain is listed in Article 57 of the Labor Code of the Russian Federation. An employment contract concluded with an athlete or coach must additionally contain the mandatory conditions listed in Article 348.2 of the Labor Code of the Russian Federation. The employment contract number is not required information.

At the same time, some unified forms of documents for recording labor and its payment provide for the numbering of employment contracts (for example, form No. T-1, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Therefore, in order to correctly fill out documents, it is advisable to assign numbers (numeration) to employment contracts.

The procedure for such numbering is not regulated by law. Therefore, the organization has the right to develop it independently. In practice, a system is used in which the number of the employment contract consists of its own contract number and numbers indicating the month (year) of its conclusion (for example, an employment contract concluded in March 2011 is assigned the number 16/03, where 16 is the serial number of the contract, 03 - month of conclusion of the contract). Such clarifications are given in the letter of Rostrud dated August 9, 2007 No. 3045-6-0.

EMPLOYMENT AGREEMENT No. _____

____________________ "____" ___________ 2018
(place of compilation)

(Name of organization, enterprise, etc.) hereinafter referred to as the Employer, represented by (position, full name) acting on the basis of (charter, regulations, power of attorney) on the one hand, and a citizen of Russia (Last name , name, patronymic, passport details or a replacement document) hereinafter referred to as the Employee, acting in his own interests and on his own behalf, on the other hand, have entered into this employment agreement (hereinafter referred to as the Agreement) on the following:

1. GENERAL PROVISIONS
1.1. An employee is hired
— to the enterprise as (profession, qualification);
-for the position
to perform the following job duties (brief description).
1.2. The Employee’s place of work is ____________ (address of the organization).
1.3. An employee is hired to work in (department, subdivision) of the Employer’s organization.
1.4 The employee reports directly to the manager ___________________________.
1.5. The work under this employment contract is for the Employee ________ (main, external (internal) part-time job)).
1.6. The employment contract is concluded between the Employer and the Employee for a period of time (delete what is unnecessary)
— for ______ year (month) and is valid from “__” _________ 2018 to “__” ___________2018;
- For undefined period;
— for the duration of the work stipulated by this Agreement.
1.7. This employment contract comes into force from the day the Employee is admitted to work, determined by clause 1.7 of the contract.
1.8. Start date: “__” _________ 2018
1.9. The Employee is given a probationary period of _____ months in order to verify the Employee’s compliance with the assigned work.
1.10. When performing his direct labor duties in accordance with this Agreement, the Employee will proceed from the Charter (Regulations) of the enterprise and the internal labor regulations of the organization.

2. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE
2.1. The employee has the right to:
2.1.1. Providing him with work stipulated by this employment contract.
2.1.2. Ensuring safety and working conditions that meet regulatory labor protection requirements.
2.1.3. Timely and full payment of wages in accordance with qualifications, complexity, quantity and quality of work performed.
2.1.4. Complete and reliable information about working conditions and labor protection requirements in the workplace. The employee has other rights provided for by the labor legislation of the Russian Federation and this employment contract.
2.2. The employee is obliged:
2.2.1. Conscientiously fulfill his labor duties assigned to him by this employment contract and job description.
2.2.2. Comply with the labor regulations in force at the Employer, occupational health and safety requirements, and other local regulations of the Employer directly related to the Employee’s work activities, which the Employee was familiarized with by signature before signing this employment contract.
2.2.3. Maintain labor discipline.
2.2.4. Treat with care the property of the Employer, including the property of third parties located at the Employer, if the Employer is responsible for the safety of this property, and other employees.
2.2.5. 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 Employer’s property (including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property), and the property of other employees. The employee is obliged to fulfill other duties provided for by the labor legislation of the Russian Federation and this employment contract and job description.
2.2.6. Do not disclose scientific, technical and other commercial and confidential information obtained during work without the consent of the immediate supervisor.

3. RIGHTS AND OBLIGATIONS OF AN EMPLOYER
3.1. The employer has the right:
3.1.1. Require the Employee to conscientiously fulfill his duties under this employment contract.
3.1.2. Adopt local acts directly related to the Employee’s work activities, including labor regulations, labor protection requirements and occupational safety.
3.1.3. Bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws.
3.1.4. Encourage the Employee for conscientious, effective work. The employer has other rights provided for by the labor legislation of the Russian Federation and this employment contract.
3.2. The employer is obliged:
3.2.1. Provide the Employee with the work stipulated by this employment contract.
3.2.2. Ensure the safety and working conditions of the Employee that comply with regulatory labor protection requirements.
3.2.3. Provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties.
3.2.4. Pay the full amount of wages due to the employee on time.
3.2.5. Process and ensure the protection of the Employee’s personal data in accordance with the legislation of the Russian Federation.
3.2.6. Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity.
3.2.7. Provide for the Employee’s everyday needs related to the performance of his job duties.
3.2.8. Pay for the Employee’s training in case of production necessity in order to improve his qualifications. The employer performs other duties provided for in the labor contract
legislation and other normative legal acts containing norms
labor law, collective agreement, agreements, local regulations
acts and this employment contract.
4. WAGES AND SOCIAL GUARANTEES
4.1. For the performance of labor duties provided for in this employment contract, the Employee is provided with:
— official salary in the amount of ________ rub. per month.
— percentage of sales ____;
- (Further).
4.2. Payment of bonuses and remuneration to the Employee is made in the manner established in the Regulations on Remuneration, which the Employee was familiarized with when signing this employment contract.
4.3. Payments of wages to the Employee are made at least every half month within the time limits and in the manner established by the Regulations on Remuneration and other local regulations of the Employer.
4.4. The Employee's salary is paid by:
— issuing cash from the cash register;
— by transfer to a bank account _____________.
- (Further).
4.5. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.
4.6. The Employee is subject to benefits, guarantees and compensation established by the legislation of the Russian Federation and local regulations of the Employer.

5. WORKING AND REST TIME
5.1. The employee is given a (standardized, irregular) working day.
- normalized.
The employee is assigned a 5-day work week of 8 (eight) hours. Weekends are Saturday and Sunday.
- unstandardized.
The monthly (weekly) standard working time is _______ hours. The normal duration of the working day should not exceed 8 (4) hours per day. A break for rest and food is not included in working hours. Overtime beyond the normal working hours is paid in the amount of ________ for each hour.

5.2. The employee is granted annual basic paid leave of _______ calendar days. The right to use vacation for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the Parties and in accordance with the labor legislation of the Russian Federation, paid leave may be provided to the Employee before the expiration of six months. Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the vacation schedule.
5.3. For family reasons and other valid reasons, the Employee, based on his written application, may be granted leave without pay. The duration of this leave is determined by agreement of the Parties and in accordance with the labor legislation of the Russian Federation.
6. SOCIAL INSURANCE
6.1. The employee is subject to compulsory social insurance (pension, medical, against industrial accidents and occupational diseases) in accordance with the Labor Code of the Russian Federation and other federal laws.
7. OTHER CONDITIONS OF THE EMPLOYMENT CONTRACT
7.1. The Employee undertakes, during the term of this employment contract and after its termination for _______ years, not to disclose a legally protected trade secret that has become known to the Employee in connection with the performance of his job duties. The list of information constituting a legally protected trade secret must be familiarized to the Employee against signature.
7.2. In case of violation of the procedure for use and unlawful disclosure of information specified in clause 7.1 of this agreement, the relevant guilty Party to the agreement is obliged to compensate the other Party for the damage caused.
8. RESPONSIBILITY OF THE PARTIES TO AN EMPLOYMENT CONTRACT
8.1. The Employer and the Employee are responsible for non-fulfillment or improper fulfillment of assumed duties and obligations established by this employment contract, local regulations of the Employer, and the legislation of the Russian Federation.
8.2. For committing a disciplinary offense, that is, failure or improper performance by the Employee through his fault of the labor duties assigned to him, disciplinary sanctions may be applied to the Employee as provided for in Article 192 of the Labor Code of the Russian Federation.
8.3. The Employer and the Employee may be brought to financial and other types of legal liability in cases and in the manner provided for by labor legislation and other federal laws.
9. CHANGE AND TERMINATION OF THE EMPLOYMENT CONTRACT
9.1. Each of the Parties to this employment contract has the right to raise with the other Party the question of its addition or other changes to the employment contract, which, by agreement of the Parties, are formalized by an additional agreement, which is an integral part of the employment contract.
9.2. Changes and additions may be made to this employment contract by agreement of the Parties also in the following cases:
when the legislation of the Russian Federation changes in the part affecting the rights, obligations and interests of the Parties, as well as when local regulations of the Employer change;
in other cases provided for by the Labor Code of the Russian Federation.
9.3. If the Employer changes the terms of this employment contract (except for the labor function) for reasons related to changes in organizational or technological working conditions, the Employer is obliged to notify the Employee in writing no later than two months before their change (Article 74 of the Labor Code of the Russian Federation) . The Employer is obliged to notify the Employee personally and signed at least two months before the dismissal about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees.
9.4. This employment contract is terminated only on the grounds established by the Labor Code of the Russian Federation and other federal laws. Upon termination of an employment contract, the Employee is provided with guarantees and compensation provided for in Chapter 27 of the Labor Code of the Russian Federation, as well as other norms of the Labor Code of the Russian Federation and other federal laws.
10. FINAL PROVISIONS
10.1. Labor disputes and disagreements of the Parties regarding compliance with the terms of this employment contract are resolved by agreement of the Parties, and in case of failure to reach an agreement, they are considered by the labor dispute commission and (or) the court in the manner established by the legislation of the Russian Federation.
10.2. To the extent not provided for by this employment contract, the Parties are guided by the legislation of the Russian Federation.
10.3. This employment contract is concluded in two copies having equal legal force. One copy is kept by the Employer in the Employee’s personal file, the second copy is kept by the Employee.
10. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

Employer:
Address:
Tel.:
INN/KPP
r/s
in the bank
short-form
BIC
OKPO

Worker:
Passport:
Registration address:
Taxpayer Identification Number:
SNILS:

Signatures of the parties to the employment contract:

Employer Employee

Signature I. O. Last name Signature I. O. Last name

Updated: November 2018