Employment contract for Standard employment contract with an employee: pros and cons

Employment contract sample 2017

Moscow

Verona Limited Liability Company (Verona LLC), hereinafter referred to as the "Employer", represented by General Director Sergei Fedorovich Vorobyov, acting on the basis of the Charter, on the one hand, and

Pavlova Olga Evgenievna, hereinafter referred to as the "Employee", on the other hand, collectively referred to as the "Parties", have concluded this employment contract as follows.

General provisions. Subject of the contract

1.1. Worker is hired to Verona Limited Liability Company (Verona LLC) (located in Moscow), to the Human Resources Department for the position of Human Resources Manager.

1.2. Workplace The employee is located in room N 3 of the personnel management department.

1.3. Working conditions at the workplace of the Employee in terms of the degree of harmfulness and (or) danger are optimal (grade 1) (according to the results of certification of workplaces for working conditions dated 15.08.2013). (Employment contract sample 2017)

1.4. Job under this employment contract is for Employee basic.

1.5. This employment contract concluded for an indefinite period.

1.6. Start date of work (date when the Employee starts work) — ————————

1.7. An employee is placed on a test upon employment in order to verify his compliance with the assigned work. The test period is 3 (three) months from the date of the actual start of work. The period of probation does not include periods when the Employee was actually absent from work.

The criteria for successful completion of the test is the full, high-quality and timely performance by the Employee of the labor function provided for by this employment contract and job description, orders (instructions) of the Employer, orders of the immediate supervisor, (Employment contract sample 2017) operating in the organization of local regulations and requirements for work, labor discipline, provisions of labor protection and safety.

Rights and obligations of the Employee

2.1. The employee has the right to:

2.1.1. Amendment and termination of the employment contract in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws.

2.1.2. Provision of work stipulated by this employment contract, as well as a workplace that meets state regulatory requirements for labor protection.

2.1.3. Full reliable information about working conditions and safety requirements in the workplace.

2.1.4. Provision of the workplace with equipment, tools, technical documentation and other means necessary for the performance of their labor duties. (Employment contract sample 2017)

2.1.5. Timely and complete payment of wages in accordance with their qualifications, the complexity of the work, the quantity and quality of the work performed.

2.1.6. Rest, that is, compliance with the daily working hours, the provision of breaks for rest and meals, weekly days off, paid annual holidays in accordance with this employment contract and the labor legislation of the Russian Federation.

2.1.7. Mandatory state social insurance in the manner and on the terms established by the current legislation of the Russian Federation, for the period of validity of this employment contract.

2.1.8. Exercise of other rights provided for by the labor legislation of the Russian Federation, the Internal Labor Regulations and other local regulations.

2.2. The employee is obliged:

2.2.1. in good faith perform a job function the corresponding position of the personnel manager, enshrined in the job description (Appendix N 1), which is an integral part of this employment contract.

2.2.2. When exercising a labor function, act in accordance with the legislation of the Russian Federation, the Internal Labor Regulations, other local regulations, the terms of this employment contract. (Employment contract sample 2017)

2.2.3. Follow the rules internal labor regulations, other local regulations, including orders (instructions) of the Employer, instructions, rules, etc.

2.2.4. Do not disclose confidential (commercial, technical, personal) information that became known to him in the process of performing his job function.

2.2.5. Comply with labor protection requirements, safety, fire safety and industrial sanitation. In the event of a situation that poses a threat to the life and health of people, the safety of property, immediately report the incident to the Employer or immediate supervisor. If there is no threat to the life and health of the Employee, take measures to eliminate the causes and conditions that impede the normal performance of work.

2.2.6. Take good care of the employer's property(including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees and, if necessary, take measures to prevent damage to property.

2.3. The failure to include in the employment contract any of the rights and (or) obligations of the employee established by labor legislation and other regulatory legal acts containing labor law norms, local regulations cannot be considered as a refusal to exercise these rights or perform these duties. (Employment contract sample 2017)

Rights and obligations of the Employer

3.1. The employer has the right:

3.1.1. Amend 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.

3.1.2. Require the Employee to perform them labor duties and respect for the property of the Employer and other employees, compliance with the Internal Labor Regulations and other local regulations, labor discipline, safety rules, industrial sanitation and fire protection.

3.1.3. Encourage an employee for conscientious efficient work in the manner and under the conditions established by the Regulation on remuneration (approved by Order No. 2 of January 28, 2011) and other local regulations of the Employer.

3.1.4. Carry out voluntary medical insurance for the Employee in accordance with the Policy on social benefits for employees (approved by Order No. 7 of January 20, 2014).

3.1.5. Control fulfillment by the Employee of labor duties, compliance with labor discipline, safety regulations, industrial sanitation and fire protection, internal labor regulations and other local regulations. (Employment contract sample 2017)

3.1.6. Involve Employee To disciplinary and financial responsibility for non-performance or poor-quality performance by the Employee of labor duties in the manner prescribed by the Labor Code of the Russian Federation, other federal laws.

3.1.7. Exercise other rights provided for by the labor legislation of the Russian Federation, the Internal Labor Regulations and other local regulations.

3.2.The employer is obliged:

3.2.1. Comply with labor laws and other regulatory legal acts containing labor law norms, local regulations, terms of agreements and this employment contract.

3.2.2. Provide the Employee with work in accordance with the terms of this employment contract.

3.2.3. Provide a safe working environment in accordance with the requirements of labor protection.

3.2.4. Provide the Employee with a properly equipped workplace, provide him with equipment, tools, technical documentation and other means necessary for the performance of his labor duties.

3.2.5. Keep track of working time actually worked out by the Employee.

3.2.6. Provide the Employee with timely and full payment of wages in accordance with his qualifications, the complexity of the work and the quality of the work performed.

3.2.7. To acquaint the Employee against signature with the adopted local regulations directly related to his work activity.

3.2.8. Carry out compulsory social insurance of the Employee in the manner prescribed by the current legislation of the Russian Federation.

3.2.9. Compensate for 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 terms established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.

3.2.10. Keep a work book for the Employee in accordance with the legislation of the Russian Federation. (Employment contract sample 2017)

3.2.11. Perform other duties stipulated by labor legislation, including legislation on a special assessment of working conditions, and other regulatory legal acts containing labor law norms, agreements, local regulations and this employment contract.

Working hours and rest time

4.1. The employee is set a normal working time of 40 hours a week.

4.2. The employee is set the following working hours:

• five-day work week with two days off (Saturday and Sunday);
• duration of daily work - 8 hours;
• start of work - 09.00, end of work - 18.00;
• break for rest and meals - 1 hour (from 13.00 to 14.00).

4.2.1. The Employer has the right to involve the Employee to work on weekends and non-working holidays, as well as to work overtime in the manner and under the conditions established by labor legislation.

4.3. The employee is granted annual paid leave lasting 28 calendar days.

4.3.1. The right to use the leave for the first year of work arises for the Employee after six months of continuous work with this Employer. By agreement of the Parties, as well as in cases established by law, the Employee may be granted paid leave before the expiration of six months.

4.3.2. Vacation for the second and subsequent years of work may be granted to the Employee at any time of the working year in accordance with the vacation schedule.

4.3.3. If the Employee wishes to use annual paid leave in a period other than the period provided for in the vacation schedule, he is obliged to notify the Employer in writing no later than 2 weeks before the expected vacation. The change in the terms of granting leave in this case is made by agreement of the Parties.

4.3.4. By agreement of the Parties, annual paid leave may be granted to the Employee in installments. At the same time, at least one part of the vacation must be at least 14 calendar days. (Employment contract sample 2017)

4.4. For family reasons and other valid reasons, the Employee, upon his application, the Employer may provide leave without pay.

4.4.1. In cases stipulated by law, the Employer is obliged to provide the Employee with unpaid leave.

Terms of payment

5.1. Wage The Employee in accordance with the Employer's current remuneration system consists of from the salary.

5.2. For the performance of the labor function, the Employee is paid an official salary in the amount of 27,000 (twenty-seven thousand) rubles per month.

5.3. An employee may be paid premium in the amount of up to 50 percent of the salary, subject to the conditions and procedure established by the Regulations on wages (approved by Order No. 2 of January 28, 2011).

5.4. Wages are paid to the Employee at least every half a month(On the 20th day of the current month - for the first half of the month and on the 5th day of the month following the worked month - the final payment for the worked month). If the day of payment coincides with a weekend or non-working holiday, wages are paid on the eve of this day. Holidays are paid no later than three days before the start of the holiday. (Employment contract sample 2017)

5.5. Wages are paid in the currency of the Russian Federation in non-cash form by transferring it to the settlement account of the Employee indicated by him for this purpose. An application with bank account details is submitted by the Employee to the accounting department of the Employer.

Responsibility of the Parties

6.1. The Parties are responsible for non-performance or improper performance of their duties and obligations established by law, the Internal Labor Regulations, other local regulations of the Employer and this employment contract.

6.2. For failure or improper performance by the Employee through his fault the labor assigned to him responsibilities the Employee may be subject to disciplinary sanctions under Art. 192 of the Labor Code of the Russian Federation.

6.3. The parties may be brought to material and other types of legal liability in cases and in the manner provided for by the Labor Code of the Russian Federation and other federal laws. (Employment contract sample 2017)

6.3.1. The employer bears material and other liability in accordance with the current legislation of the Russian Federation in the following cases:

• illegal deprivation of the Employee of the opportunity to work;
• causing damage to the property of the Employee;
• delays in payment of wages to the Employee;
• infliction of moral harm to the Employee;
• in other cases stipulated by the legislation of the Russian Federation.

6.3.2. The employee is liable both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to third parties.

Change and termination of the employment contract

7.1. Change certain parties terms of the employment contract only by agreement of the Parties, which is drawn up by an additional agreement, which is an integral part of this employment contract.

7.1.1. Changes and additions to the terms of this employment contract may be made by agreement of the Parties when changing the legislation of the Russian Federation, the collective agreement, local regulations of the Employer, as well as in other cases provided for by the Labor Code of the Russian Federation. (Employment contract sample 2017)

7.2. This employment contract can only be terminated on the grounds provided for by the Labor Code of the Russian Federation and other federal laws.

7.2.1. Guarantees and compensation related to the termination of the employment contract are provided to the Employee in accordance with the norms of the Labor Code of the Russian Federation, other federal laws.

Final provisions

8.1. controversy or disagreements between the Parties arising from the fulfillment of the terms of this agreement are subject to settlement through direct negotiations between the Employee and the Employer.

8.1.1. If an agreement between the Parties has not been reached, then the dispute is subject to resolution in the manner prescribed by the legislation of the Russian Federation.

8.2. In all other respects that are not provided for by this employment contract, the Parties are guided by the legislation of the Russian Federation.

8.3. The terms of this agreement are not subject to disclosure and publication in the press.

8.4. This 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. (Employment contract sample 2017)

Prior to signing this employment contract, the Employee is familiar with the following local regulations:

Sample Documents

16.10.2017, 14:34

How to draw up an employment contract with a remote worker? The head of the organization is going to involve a specialist from another region in remote work on a permanent basis. In this regard, the personnel specialist was instructed to prepare all the necessary documents.

It is clear that you need to start by preparing an employment contract for remote work. A sample contract would be very helpful. After all, it is no secret that, having a completed sample in front of your eyes, it is much easier to prepare the necessary document than to independently develop it from scratch. We will tell you how to correctly draw up the necessary document and offer you an employment contract with a remote worker in 2017.

Remote workers - full-time staff

Employees who perform remote work and interact with the employer using public information and telecommunication networks, including the Internet, are recognized as remote workers. Remote work is the performance of the labor function specified in the contract (part 1. 2 of article 312.1 of the Labor Code of the Russian Federation):

• outside the location of the employer (head office, branch, representative office, other separate subdivision);
• outside a fixed workplace, territory or facility directly or indirectly under the control of the employer.

Remote employees have all the rights that other categories of workers have. The fact is that they are subject to all general norms of labor legislation. Features of the work of remote workers are regulated by chapter 49.1 of the Labor Code of the Russian Federation.

Preparing a contract with a remote employee

Since a remote employee belongs to the full-time staff of the enterprise, an employment contract is concluded with him on remote work (Articles 56, 57, 312.2 of the Labor Code of the Russian Federation). Among other things, in an employment contract with a remote worker, it makes sense to indicate:

• terms and procedure for submitting reports on the work performed;
• the procedure for reimbursement of expenses of a remote worker for paying for the Internet and telephone communications;
• information about the software used by the remote worker for work, the procedure for reimbursement of the employee's expenses for their acquisition or provision of this software by the employer.

It is clear that an employment contract for a remote worker, a sample of which you will find below, can be concluded by exchanging electronic documents with electronic signatures. Not later than three days from the date of conclusion of the contract, a copy of it on paper must be sent by mail to the remote worker (Articles 312.2 - 312.5 of the Labor Code of the Russian Federation, Article 6 of the Federal Law of 04/06/2011 No. 63-FZ).

Now let's talk in detail about the individual clauses of an employment contract with an employee on remote work, which traditionally raise numerous questions when drawing up an employment contract:

• place of conclusion of the contract - the location of the employer;
• the procedure for drawing up and making an entry about remote work in the work book or, conversely, an item on not making an entry and not drawing up a work book;
• The place of work of the remote worker in the employment contract is the place where the worker will perform his job function, for example, his home address.

Especially for our readers, we have prepared

Since we are talking about an employer-individual, the standard sample of an employment contract between an individual entrepreneur and an employee must include his full data:

information about the identity document;

details of the certificate of registration as an individual entrepreneur;

location address.

If the contract is concluded not by the entrepreneur himself, but by an employee hired for this or otherwise authorized person, his data is additionally indicated in the document.

Place and working conditions

The form of an employment contract between an individual entrepreneur and an employee must contain a section describing the place of work and the requirements for its implementation. Lawyers recommend detailing all the duties of an employee. But you can limit yourself to the phrase that before the conclusion of the contract, the employee was familiarized with the job descriptions against signature, additionally reflecting this fact in the agreement itself.

As for the section on the place of employment, the wording “Place of work: IP Ivanova A.A., registered at Moscow, st. Puteyskaya, 3. And you can prescribe a specific address of the production or store where the person will work. The fact is that labor legislation separates the concepts of “place of work” and “workplace” (Article 209 of the Labor Code of the Russian Federation). The first is a mandatory condition of the agreement, and the second is an additional one that you can do without. At the same time, it must be remembered that if you specify a specific address of a production or store, and later it changes, you will have to conclude additional agreements for all contracts.

The form of a standard employment contract was approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858. See "". For what purposes was the form of a standard employment contract approved? Who and in what situations can conclude contracts in a standard form? Is it necessary to use the standard form? When to switch to standard contracts? You will find answers to these and other questions in this article.

Rejection of regulations since 2017

Since 2017, employers (organizations and individual entrepreneurs) belonging to micro-enterprises have the right to completely or partially refuse to adopt local regulations containing labor law norms. Instead, since 2017, working conditions can be negotiated directly in employment contracts concluded with employees on the basis of a standard form. This is provided for by Article 309.2 of the Labor Code of the Russian Federation, which comes into force on January 1, 2017.

Micro-enterprises are organizations or individual entrepreneurs that meet the following criteria:

If you are on the register, then from 2017 you can switch to concluding employment contracts with employees on the basis of a standard form and refuse to adopt local regulations containing labor law norms.

The composition of the standard form of an employment contract

The form of a standard employment contract consists of a preamble (that is, an introductory part) and 11 sections:

In other words, the form of a standard contract, in fact, is a universal contract "for all occasions." In it, employers can find wording for a variety of situations. And thanks to this, a standard form of an employment contract will help the manager to conclude contracts with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a particular employee. This conclusion was made on the website of the Government of the Russian Federation. http://government.ru/docs/24339/


But from the adoption of which local regulations from 2017 can you refuse? All employers who wish to switch to standard contracts will certainly face such a question. Let's dwell on this in more detail.

What personnel documents can be waived

Here are examples of some personnel documents that, starting from 2017, can be completely or partially replaced by employment contracts concluded on the basis of a standard form.

Regulations on wages and bonuses

The regulation on remuneration is an internal regulatory act that defines the amount, grounds, procedure and conditions for assigning payments for work, taking into account state guarantees to employees and the employer's own financial capabilities. This document often prescribes the conditions for paying bonuses to employees.

However<Положение об оплате труда и премировании>can be completely (or partially) replaced by the wording from section 4 of the standard form "Employee Compensation". So, for example, in employment contracts concluded on the basis of a standard form, you will need to prescribe wages (official salary or piecework rates) and indicate the exact dates of its payment.

See also "".

Tables are also provided to describe compensation and incentive payments:


You can also use standard formulations on the procedure for paying salaries (through a cash desk or through a bank), on indexation of earnings, etc.

Internal labor regulations

Labor regulations can regulate, in particular, the time of work and rest (part 4 of article 189 of the Labor Code of the Russian Federation). However, these rules can be replaced by the wording from section 5 of the standard contract form. Here is an excerpt from that section.

Regulations on irregular working hours

This document usually contains a list of workers with irregular working hours, if such a regime is established for them (101 of the Labor Code of the Russian Federation). A similar local act from 2017 can not be applied if the language from paragraph 19 of the standard form is included in the employment contract.

Rules and instructions for labor protection

These documents are developed and approved in accordance with paragraph 23 of part 2 of article 212 of the Labor Code of the Russian Federation. In the form of a standard employment contract, there is section 6 “Labor protection”. It contains wording, for example, about the class of working conditions at the workplace, primary briefing, and the provision of personal protective equipment. In this part, you can go to a standard contract.

However, labor protection rules and instructions are usually much more informative. Therefore, it is likely that not all employers will be able to completely abandon them.

Job Descriptions

The obligation to draw up job descriptions is established only for state bodies (Article 47 of the Federal Law of July 27, 2004 No. 79-FZ). Therefore, it is impossible to fine an ordinary employer for the lack of instructions (Rostrud letter dated 08/09/2007 No. 3042-6-0). However, many employers draw up job descriptions, since their presence allows, for example:

• justify the dismissal of an employee due to inconsistency with the position held;
• evenly distribute responsibilities between similar positions;
• prove in court the legitimacy of imposing a disciplinary sanction on an employee;
• carry out certification of personnel, etc.

The job description, in itself, is not a local normative act. In practice, job descriptions are quite often drawn up simply as an appendix to an employment contract or as an independent document (letter of Rostrud dated October 31, 2007 No. 4412-6).

At the same time, the form of a standard employment contract allows that the labor (official) duties of an employee can be established:

• or directly in the employment contract;
• or in the job description.

It turns out that the form of a standard employment contract allows the employer to decide what is more convenient for him to do. Either continue to approve job descriptions separately or prescribe all the functionality of employees in an employment contract.

shift schedule

Shift schedules are drawn up based on the established norm of working time for the accounting period for a specific category of workers and contain information on the length of working time during the shift, rest breaks between shifts and the order in which they alternate. All this information, in principle, can be reflected in employment contracts. The necessary wording for this is in the standard form:

02.01.2019, 16:37

Labor relations between an employer and an employee are based on an employment contract concluded by the parties. In order not to make a mistake when drawing up your own contract, we offer you to download an employment contract with an employee (sample 2019) developed by our specialists for free.

In general, the contract is drawn up in any form

The signing of an employment contract is one of the stages in the employment of an employee, and by no means the first. Before signing the contract, you must:

• request all the necessary documents from the candidate (for more details, see "");
• take consent to the processing of personal data (for more details, see "");
• familiarize him with the local acts of the organization (for more details, see, "").

In most cases, an employment contract can be drawn up in any form, provided that it contains all the necessary conditions and information provided for by labor legislation (Chapters 10, 11 of the Labor Code of the Russian Federation).

For your information
An employment relationship is an agreement between an employee and an employer (organization or individual entrepreneur) to perform the work specified in the contract for a fee. During work, the employee is under the management and control of the employer, obeys the rules of the internal labor regulations and works in the interests of the employer (Article 15 of the Labor Code of the Russian Federation).

An employment contract must be concluded in writing (Article 67 of the Labor Code of the Russian Federation). It is necessary to prepare two copies: one for the employee, the other for the organization (individual entrepreneur). On the copy of the employer, the employee must sign to receive his copy of the employment contract. You will find a sample of filling out an employment contract with an employee in 2019 at the end of the article.

In practice, it happens that an employee is allowed to work without a contract. In such a situation, a written employment contract must be drawn up no later than three working days from the release of a new employee (Article 67 of the Labor Code of the Russian Federation).

Mandatory information

An employment contract with an employee must contain mandatory information (Articles 22, 57, 61.72, 77, 232, 381 of the Labor Code of the Russian Federation):

• • • place of work;
    • position of the employee (according to the staffing table);
    • working conditions in accordance with a special assessment of working conditions or certification of the workplace;
    • date of commencement of work;
    • employee salary (tariff rate, salary, bonuses, allowances and incentive payments), and information on incentives and allowances can be omitted, giving a link to the local act that establishes them (clause 1 of the letter of Rostrud dated March 19, 2012 No. 395-6- 1);
    • working hours and rest of the employee;
    • validity period and reason for urgency when concluding a fixed-term employment contract (for more details, see, "");
    • the rights and obligations of the employee;
    • the rights and obligations of the employer;
    • responsibility of the parties to the contract;
    • the procedure for terminating the contract and the procedure for amending the contract;
    • procedure for resolving labor disputes.

For the convenience of personnel workers, we offer a form of an employment contract that is relevant for 2019.

Employment contract and IP

When concluding an employment contract with an employee, an individual entrepreneur, like employers, is guided by Art. 57 of the Labor Code of the Russian Federation, which determines the content of the labor agreement, but at the same time takes into account the peculiarities of concluding labor contracts established for employers - individuals Ch. 48 of the Labor Code of the Russian Federation. Therefore, our example of filling out an employment contract may be useful for an individual entrepreneur who plans to conclude an employment contract with employees.

According to Art. 303 of the Labor Code of the Russian Federation, an employer - an individual entrepreneur is obliged:

• • • draw up an employment contract with an employee in writing;
    • pay insurance premiums and other obligatory payments in the manner and in the amount determined by federal laws;
    • draw up insurance certificates of state pension insurance for persons entering work for the first time.