How to draw up an employment contract with an employer. How to draw up an employment contract

Conclusion of an employment contract. The conclusion of an employment contract and its execution are not identical concepts, although they are interrelated. Conclusion employment contract - the process of negotiation to reach an agreement between the employee and the employer on all mandatory and additional terms of the employment contract. Decor employment contract is its documentary consolidation by drawing up a single document signed by the parties. The current Labor Code of the Russian Federation does not provide for writing an application for employment.

Before signing an employment contract, the employer is obliged to familiarize the employee against signature with the internal labor regulations, other local regulations directly related to the employee's labor activity, the collective agreement (Article 68 of the Labor Code of the Russian Federation).

The Labor Code establishes guarantees when concluding an employment contract. Thus, unreasonable refusal to conclude an employment contract is prohibited.

Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, family, social and official status, age, place of residence ( including the presence or absence of registration at the place of residence or stay), attitude to religion, beliefs, belonging or non-membership to public associations or any social groups, as well as other circumstances not related to the business qualities of employees, is not allowed, except cases in which the right or obligation to establish such restrictions or benefits is provided for by federal laws (Article 64 of the Labor Code of the Russian Federation). Similar provisions are contained in Art. 3 of the Labor Code of the Russian Federation, which prohibits discrimination in the sphere of labor. These provisions apply equally to citizens of the Russian Federation, stateless persons and foreigners who enter into employment contracts in the Russian Federation.

The conclusion of an employment contract is allowed with persons who have reached the age established by the Labor Code of the Russian Federation (Article 63 of the Labor Code of the Russian Federation). Age requirements for persons with whom an employment contract is concluded are discussed in the chapter "Labor Relations". Labor legislation does not provide for an age limit for concluding an employment contract, therefore, refusal to conclude an employment contract for reasons related to the advanced age of a person is unacceptable.

The Constitutional Court of the Russian Federation, by Resolution No. 2-P of February 4, 1992, recognized as unconstitutional the termination of an employment contract upon reaching retirement age by a person entitled to receive a full old-age pension. At the same time, it is impossible not to take into account the age capabilities of a person and the age restrictions provided for in individual cases by labor legislation.

Illegal, violating the constitutional right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence

(Article 27 of the Constitution, Law of the Russian Federation of June 25, 1993 No. 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”), is a refusal to conclude an employment contract on the grounds of lack of a citizen of the Russian Federation of registration at the place of residence, stay or at the location of the employer.

It is also prohibited to refuse to conclude an employment contract:

• women for reasons related to pregnancy or having children;
• employees invited in writing to work in the order of transfer from another employer, within a month from the date of dismissal from their previous place of work (Article 64 of the Labor Code of the Russian Federation).

At the written request of the person who was refused to conclude an employment contract, the employer is obliged to inform the reason for the refusal in writing within seven working days from the date of presentation of such a request (Article 64 of the Labor Code of the Russian Federation). Refusal to conclude an employment contract may be appealed in court.

At the same time, the conclusion of an employment contract with a specific person, as a general rule, is law, not the responsibility of the employer. For the purpose of efficient economic activity and rational property management, the employer independently, under his own responsibility, makes the necessary personnel decisions.

Reasonable is, for example, refusal to hire due to circumstances related to the business qualities of this employee. Business qualities of an employee - the ability to perform a certain labor function, taking into account his professional qualifications and personal qualities (experience, physical endurance, speed of reaction, etc.). In addition, applicants for work may also be subject to requirements related to the specifics of this work (ability to work on a computer, knowledge of a foreign language, etc.).

When concluding an employment contract, persons entering a job present the following documents to the employer.

1. Passport or other identity document.

The main identity document is the passport of a citizen of the Russian Federation. In addition to a passport, identity documents can be: a birth certificate (for persons under the age of 14), a foreign passport, a serviceman's identity card, other documents (certificate of release from places of detention, etc.);

• 2. Work book (except for cases when an employment contract is concluded for the first time or an employee goes to work on a part-time basis).
• 3. Insurance certificate of compulsory pension insurance. Certificate in accordance with the Federal Law of April 1
• 1996 No. 27-FZ “On individual (personalized) accounting in the system of compulsory pension insurance” is issued to each person insured by the Pension Fund of the Russian Federation and its territorial bodies and contains the insurance number of an individual personal account and personal information about this person. When concluding an employment contract for the first time, an insurance certificate of state pension insurance is issued by the employer.
• 4. Documents of military registration - for military personnel, persons liable for military service and persons subject to conscription for military service (military ID, registration certificate). These can be both male and female.
• 5. A document on education and (or) on qualifications and the availability of special knowledge - when applying for a job that requires special knowledge or special training.

The types of such documents are established by law (diploma, certificate, certificate, certificate, etc.), educational organizations of the appropriate level that have state accreditation have the right to issue them;

6. Certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds when applying for a job related to activities that are not allowed for persons who have or had a criminal record, are or have been subjected to criminal prosecution .

The procedure for issuing and the form of such a certificate are established by the Ministry of Internal Affairs of the Russian Federation. The certificate is issued free of charge within 30 days.

7. Certificate of registration with the tax authority.

Article 65 of the Labor Code of the Russian Federation does not provide for the presentation by an employee of a taxpayer identification number (TIN) upon employment, although most employers require this. Employees of state corporations and state companies (Article 349-1 of the Labor Code of the Russian Federation), persons entering the state civil service are required to present a certificate of registration with a tax authority in the territory of the Russian Federation, as well as provide information not only about their income, property, obligations property nature, but also on income, property, property obligations of the spouse (spouse) and minor children. The procedure for providing such information is established by the Government of the Russian Federation (Decree of August 21, 2012 No. 841 “On compliance by employees of state corporations and state companies with the provisions of Article 349.1 of the Labor Code of the Russian Federation”).

Barriers to concluding an employment contract. A criminal record in itself, as a rule, cannot be an obstacle to the conclusion of an employment contract. A criminal record entails a ban on hiring or dismissal for persons who have committed grave, especially grave crimes, crimes against sexual integrity and sexual freedom of the individual, as well as for persons whose cases were terminated on non-rehabilitating grounds.

Convicts whose convictions have been expunged and extinguished, who “achieved significant labor successes and were not seen in attempts to harm minors”, realized their guilt, corrected themselves and do not pose a threat to legally protected interests, can be hired, including with minors . In each specific case, the court makes an individual decision on such an issue (Resolution of the Constitutional Court of the Russian Federation of July 18, 2013 No. 19-P).

The legislation establishes prohibitions in hiring persons who are deprived of special rights or who are prohibited from holding certain positions or engaging in certain activities. The deprivation of an individual who has committed an administrative offense of a special right previously granted to him (the right to drive a vehicle, the right to hunt, etc.) is established for a gross or systematic violation of the procedure for using this right. Deprivation of a special right is appointed by a judge. The period of deprivation of a special right cannot be less than one month and more than three years (Article 3.8 of the Code of Administrative Offenses of the Russian Federation).

Deprivation of the right to hold certain positions or engage in certain activities consists in the prohibition to hold positions in the public service, in local governments, or to engage in certain professional or other activities. Deprivation of the right to hold certain positions or engage in certain activities is established for a period of one to five years as the main type of punishment and for a period of six months to three years as an additional type of punishment, in cases specially provided for by law - up to 20 years. 47 of the Criminal Code of the Russian Federation).

Restrictions on employment in the field of education have been established. Persons listed in Art. 331 of the Labor Code of the Russian Federation. Article 351-1 of the Labor Code of the Russian Federation provides for a wider range of restrictions on employment in the field of education, upbringing, development of minors, organization of their recreation and rehabilitation, medical support, social protection and social services, in the field of youth sports, culture and art with participation of minors. The subject of such restrictions are persons who have or had a conviction for certain offenses, who are or have been subjected to criminal prosecution.

Admission to work may be associated with a medical examination of the employee. It is not mandatory for all employees. Persons under the age of 18, as well as other persons in cases provided for by the Labor Code of the Russian Federation and other federal laws (Article 69 of the Labor Code of the Russian Federation), are subject to mandatory preliminary medical examination when concluding an employment contract. These include workers hired in the regions of the Far North and areas equated to it (Article 324 of the Labor Code of the Russian Federation), for work directly related to the movement of vehicles (Article 328 of the Labor Code of the Russian Federation), etc. For example, persons hired for underground work, should not have medical contraindications to the specified work and must meet the relevant qualification requirements specified in the qualification reference books (Article 330-2 of the Labor Code of the Russian Federation), which is reflected in the relevant documents.

Persons who suffer from chronic and long-term mental disorders with severe persistent or often aggravated painful manifestations, mental disorders and behavioral disorders associated with the use of psychoactive substances cannot be hired in work related to state secrets.

In some cases, taking into account the specifics of the work of the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation, it may be necessary to present additional documents when concluding an employment contract. So, when passing a competition for filling vacant positions, a written reference is presented from the last place of work; for admission to pedagogical and medical activities - a document on the state of health; when hiring in trade organizations and public catering organizations - a sanitary book; upon appointment to a public position - a medical certificate on the state of health and a declaration of income; when hiring disabled people - the recommendation of the institution of medical and social expertise (ITU).

When concluding employment contracts with certain categories of employees, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding employment contracts or their conditions with relevant persons or bodies that are not employers under these contracts (Article 67 of the Labor Code RF). This applies, in particular, to persons entering law enforcement agencies under an employment contract, in connection with the presentation of certain requirements for them, taking into account the specifics of work in the so-called "power structures". In contrast to work for the service, persons, as a rule, are not recruited, but selected, hence they are subject to increased personal, psychological, professional and qualification requirements.

Special conditions for concluding an employment contract are established for former civil and municipal employees. Citizens who have held positions in the state or municipal service, after dismissal from the service at the conclusion of an employment contract, are obliged to inform the employer about the last place of service within two years. The employer is obliged within ten days to inform the representative of the employer (employer) of the state or municipal employee at the last place of his service about the conclusion of such employment contracts.

The regulatory legal acts of the Russian Federation establish:

• a list of positions in the state and municipal service, obliging a person dismissed from the state or municipal service to inform the employer about the last place of service;
• the procedure for informing the employer about the conclusion of an employment contract with a person dismissed from the state or municipal service, to the representative of the employer (employer) (Article 64-1 of the Labor Code of the Russian Federation).

Employment history. The main document on labor activity and seniority of an employee is employment history established pattern. The form, procedure for maintaining and storing work books, as well as the procedure for preparing work book forms and providing employers with them, are established by the Government of the Russian Federation (see Decree of the Government of the Russian Federation of April 16, 2003 No. 225 "On work books"). In accordance with it, the Ministry of Labor of Russia approved the Instructions for filling out work books (Decree of October 10, 2003 No. 69). Each employer (except for employers-individuals who are not individual entrepreneurs) is obliged to keep work books for each employee who has worked for him for more than five days if the work for this employer is the main one for the employee.

The fact that a person applying for a job does not have a work book is not a basis for refusing to conclude an employment contract with him. If a person applying for a job does not have a work book due to its loss, damage, or for any other reason, the employer is obliged, upon a written application from this person (indicating the reason for the absence of a work book), to issue a new work book (Article 65 of the Labor Code of the Russian Federation).

The work book is kept by the employer at the place of the main work of the employee. At the written request of the employee, the personnel department of the employer must temporarily issue him a work book for presentation to the social insurance authorities. The employee is obliged to return it to the employer within three days after receiving the work book from the social insurance authorities (Article 62 of the Labor Code of the Russian Federation).

The work book contains information about the employee, the work performed by him, transfers to another permanent job, as well as the grounds for terminating the employment contract and information about awards for success in work. Information about penalties is not entered in the work book, except in cases where dismissal is a disciplinary sanction (Article 66 of the Labor Code of the Russian Federation). At the request of the employee, information about part-time work is entered in the work book by the employer at the place of main work on the basis of a document confirming part-time work.

Upon dismissal of an employee, all records of work, awards and incentives entered into the work book during work in this organization are certified by the signature of its head.

Responsibility for the maintenance and storage of work books is assigned to the employer. In case of loss of the work book, the employer is obliged to issue its duplicate. The duplicate of the work book indicates the total length of service of the employee with the note "according to the employee" and without specifying specific organizations.

Drawing up an employment contract. Employment is being processed order (instruction) employer, published based concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.

The order (instruction) of the employer on employment is announced to the employee against signature within three days from the date of the actual start of work. At the request of the employee, the employer is obliged to issue him a certified copy of the said order (instruction).

The order (instruction) of the employer does not cancel the textual design of the employment contract itself. As already mentioned, the text of the employment contract must clearly indicate its parties, subject, conditions. There is no generally accepted external form of an employment contract, except in cases specifically stipulated by law (work in micro-enterprises). Attempts to develop such a form have been made repeatedly in the past, but all of them were exemplary, recommendatory in nature.

Typically, an employment contract consists of three parts: introductory, subject and conditional, which consistently reflect its parties, subject and conditions. The parties to the employment contract themselves decide on its content and structure. In practice, most employers use ready-made forms with the text of an employment contract, which are filled out during its execution.

An employment contract can only be in writing, drawn up in two copies, each of which is signed by the parties (in some cases, an employment contract is drawn up in more copies). One copy of the employment contract is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer (Article 67 of the Labor Code of the Russian Federation).

The employment contract is stored in the organization, and then, in the prescribed manner, is transferred to the archives for storage. The period of storage of documents reflecting the labor relations of an employee with an employer is at least 50 years from the date of their creation (Article 22-1 of the Federal Law “On Archiving in the Russian Federation”).

Employment contract comes into force from day:

• its signing by the employer and the employee, unless otherwise established by the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation or an employment contract;
• the actual admission of the employee to work with the knowledge or on behalf of the employer or his authorized representative.

An employment contract that is not executed in writing is considered concluded if the employee has started work With knowledge or on behalf of the employer or his authorized representative. When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee was actually admitted to work, and if the relationship associated with the use of personal labor arose on the basis of a civil law contract, but subsequently was recognized as labor relations - no later than three working days from the date of recognition of these relations as labor relations, unless otherwise established by the court (Article 67 of the Labor Code of the Russian Federation).

An authorized representative of an employer is a person empowered to hire employees. If an individual was actually admitted to work by an employee not authorized by the employer, the employer or his authorized representative refuses to recognize the relationship that has arisen between the person actually admitted to work and this employer as labor relations, then the employer in whose interests the work, is obliged to pay such an individual for the time actually worked by him (work performed). An employee who has actually been admitted to work, without being authorized by the employer, is held liable, including material liability, in the manner established by the Labor Code of the Russian Federation and other federal laws (Article 67-1 of the Labor Code of the Russian Federation).

The day of commencement of work is the day specified in the employment contract, or the next working day after the entry into force of the employment contract, if the day of commencement of work is not specified in the employment contract. Thus, if an employee falls ill before starting work, he is already entitled to temporary disability benefits.

The employment contract may be canceled by the employer if the employee does not start work on the day of commencement of work. A canceled employment contract is considered not concluded (Article 61 of the Labor Code of the Russian Federation).

invalid(void) will be an employment contract concluded with a citizen who does not have labor legal personality (for example, with a person who has not reached the established age, an incompetent citizen, a person hired as a doctor without a medical education), and also in the case of an agreement with an employer, not having working capacity. An invalid employment contract is subject to termination as concluded in violation of the established rules. In this case, the work already performed is subject to payment.

The employer has the right to attract and use foreign workers. The labor of employees who are foreign citizens or stateless persons is regulated by Art. 327-1-327-7 (Chapter 50-1) of the Labor Code of the Russian Federation and Federal Law No. 115-FZ of July 25, 2002 "On the Legal Status of Foreign Citizens in the Russian Federation" (hereinafter - Law 115-FZ)

Labor relations between an employee who is a foreign citizen or a stateless person and an employer are subject to the rules established by labor legislation and other acts containing labor law norms, except for cases when, in accordance with federal legislation or international treaties of the Russian Federation, these relations are governed by foreign law .

A foreign citizen has the right to work in Russia if he:

• has reached the age of 18;
• has a work permit.

A foreign worker is a foreign citizen temporarily staying in the Russian Federation and carrying out labor activities in accordance with the established procedure. A foreign citizen temporarily staying in the Russian Federation has the right to work in the territory of the subject of the Russian Federation where he was issued a work permit, as well as by profession (specialty, position, type of labor activity) specified in the work permit.

An employer is a natural or legal person who has received, in accordance with the established procedure, permission to attract and use foreign workers and uses the labor of foreign workers on the basis of employment contracts concluded with them. A foreign citizen registered as an individual entrepreneur (parts 1-2 of article 13 of Law No. 115-FZ) can act as an employer.

The employer and the customer of works (services) have the right to attract and use foreign workers without permission to attract and use foreign workers if foreign citizens:

• arrived in the Russian Federation in a manner that does not require a visa;
• are highly qualified specialists and are involved in labor activity in the Russian Federation in accordance with Art. 13-2 of the Law;
• are members of the family of a highly qualified specialist involved in labor activity in the Russian Federation;
• study in the Russian Federation on a full-time basis in a professional educational organization or an educational organization of higher education according to the main educational program that has state accreditation;
• are involved in labor activity in the Russian Federation in accordance with Art. 13 of Law No. 115-FZ).

The basis for concluding an employment contract is patent. A patent is a document confirming, in accordance with Law No. 115-FZ, the right of a foreign citizen who arrived in the Russian Federation in a manner that does not require a visa (with the exception of certain categories of foreign citizens in the cases provided for by Law No. 115-FZ), for temporary exercise in the territory subject of the Russian Federation labor activity.

Articles 327-1-327-7 of the Labor Code of the Russian Federation establish the specifics of regulating the labor of employees who are foreign citizens or stateless persons, as well as the cases and procedure for establishing such specifics by other acts containing labor law norms. These features concern:

• information about a foreign worker (Article 57 of the Labor Code of the Russian Federation) - work permit, patent, temporary residence permit, residence permit, grounds for providing medical care (Article 327-2 of the Labor Code of the Russian Federation);
• documents presented at the time of employment, which include, in addition to those provided for in Art. 65 of the Labor Code of the Russian Federation (document on military registration is not presented): a contract (policy) of voluntary medical insurance, a work permit or a patent, a temporary residence permit, a residence permit (Article 327-3 of the Labor Code of the Russian Federation);
• temporary transfer to another job in accordance with Art. 72-2 of the Labor Code of the Russian Federation, which is allowed no more than once during a calendar year (Article 327-4 of the Labor Code of the Russian Federation);
• removal of an employee from work. Along with the cases referred to in Art. 76 of the Labor Code of the Russian Federation, a foreign worker is suspended in the event of suspension, expiration of a permit to attract and use foreign workers, expiration of a work permit or patent, expiration of a temporary residence permit or residence permit, contract (policy) of voluntary medical insurance or termination of the contract for the provision of paid medical services (Article 327-5 of the Labor Code of the Russian Federation);
• termination of an employment contract, the grounds for which may also be suspension, termination, cancellation of a permit to attract and use foreign workers, cancellation of a work permit or patent, cancellation of a temporary residence permit or residence permit, expiration of a work permit or patent , expiration of a temporary residence permit or residence permit, expiration of the contract
• (policy) of voluntary medical insurance or termination of the contract for the provision of paid medical services, bringing the number of employees in connection with the established restrictions on the implementation of labor activities by foreign workers, the impossibility of providing the same job after the end of the temporary transfer period, the impossibility of temporary transfer to another job (art. 327-6 of the Labor Code of the Russian Federation);
• severance pay. Paid (Article 178 of the Labor Code of the Russian Federation) also in connection with the suspension or cancellation of a permit to attract and use foreign workers (Article 327-7 of the Labor Code of the Russian Federation).

Features of the implementation of labor activity of certain categories of foreign citizens, unless otherwise provided by an international agreement (Article 13 of Law No. 115-FZ), are determined by separate articles of this Law.

Each person makes a living in their own way. Someone opens an individual business, it is easier for someone to organize a joint company. But, nevertheless, most people are ordinary employees in various organizations, companies, government agencies. This work has a number of specific features. One of them is an employment contract.

Everyone who has ever found a job for himself knows that the initial stage in building relationships between a boss and a subordinate is the signing of an employment contract. Yes, in our time there are leaders who do not draw up such a document, and indeed do not formalize an employee at all. It is worth noting that, first of all, this is illegal, since the legal framework states that every employer is obliged to pay taxes for all employees. To avoid this, exclusively practical activities are carried out without any legal consolidation.

General provisions for drawing up an employment contract

Every self-respecting person should understand that when applying for a job, it is mandatory to draw up an employment contract with the company. In addition to being legal, doing so will provide full legal protection to both parties to such an agreement. This is due to the fact that such contracts fully regulate the relationship between the employee and the employer, regulating all areas of their activities.

Among other things, it is necessary to indicate the importance of such a document upon dismissal. Recently, it often happens that a large number of such contracts are challenged in court. Therefore, special attention when signing contracts in the field of employment must be devoted directly to their content. Many organizations use samples from a decade ago, which quite often do not correspond to the realities of today's life.

Therefore, in order to avoid problems with the nuances prescribed in labor agreements, we suggest that you familiarize yourself with how you should approach the process of creating such a document.

The concept of employment contracts

To begin with, we will try to characterize such contracts. First of all, it is worth noting that this area is regulated in some detail by the current legislation, therefore, when considering this issue, it is necessary, first of all, to pay attention to regulatory legal acts.

An employment contract is a document that regulates the relationship between participants in the work process. It establishes the rights and obligations of both parties to such an agreement and indicates the nature and conditions of employment of persons. Without fail, such a contract must be concluded in accordance with the norms of the Labor Code.

The contract of labor relations is bilateral. Today, the legislator provides for the following parties to the agreement:

• employer;
• worker.

The first one directly represents the interests of the company itself, organization or state authority that provides the workplace. As a rule, it is this party that draws up the contract itself. An employee is a person who is hired for a certain position. He signs a ready-made contract, after which cooperation between the parties to the agreement begins.

If we talk about the subject of such an agreement, then it constitutes the very relationship between the participants. That is, it is a set of rights and obligations of both parties that arise in the course of work.

Conditions for concluding an employment contract

Before proceeding to the content of work contracts, it is necessary to determine on what grounds such documents can be created. Naturally, the fact of accepting a person for a certain position will become the basis of such an agreement. That is, after the person has passed all rounds of the interview, and his candidacy is approved for cooperation, it becomes necessary to draw up an employment contract.

It is quite important to designate the subject composition that has the right to sign such documents. So, any organizations, enterprises, government agencies that operate legally and have the right to use employees can act on the part of the employer. As a rule, from this side the contract is signed by authorized persons for such actions. This may be the head of the personnel department or directly the head of the organization itself.

If we talk about the employee, then it is worth emphasizing certain age limits. So, in accordance with the current norms of the Law, today only those persons who have reached the age of 16 can be employed. There is a category of areas of work in which regulatory legal acts provide for the possibility of engaging in labor activity from the age of 14. It is rather small and includes cinematography, theatrical art, circus, etc. But, in this case, it will be necessary to obtain the consent of the legal representative of such persons - parents, adoptive parent or guardian.

Documents that an employer may require when drawing up an employment contract

In order to hire a person, the head of the company has the right to demand some documents from him. They can become the basis for drawing up an employment contract, and simply to confirm certain facts in relation to a person. Today, the law provides the opportunity to ask to file:

• A document that certifies the identity of a person.
• Employment history. But, here it is worth understanding that such a document can only be required from the employee who was previously employed. If this is the first cooperation of a labor nature, then the employer independently starts such a document. In addition, the book cannot be required in cases where a citizen works part-time and this is not the main place of work.
• Certificate from the Pension Insurance Fund. This case also applies exclusively to the category of persons who have previously been employed. If there was no such fact, then the employer is forced to independently register the employee with the appropriate body.
• Military ID. Such a document can only be requested from those persons who may be drafted into the army or those who are registered with the military.
• Diploma. This degree certificate is provided when an employee is hired for a position that is consistent with their education. If there is no such fact, then the submission of a diploma is submitted at the request of the employer.

In addition to this list, there may be additional documents, but only if this is directly required by the specifics of future work activities.

How to draw up an employment contract

It is important to correctly approach the creation of the working contract itself. Here you can use several methods. First of all, in most companies there is already a proven pattern on which to build relationships with all employees. But, in this situation, it is necessary to understand that such documents must be reviewed all the time for compliance with the current legislation. As practice shows, having undertaken such work, a huge number of organizations are faced with the need to revise the content of employment contracts.

If the company is new and previously had no employees, then you can use a copy of another organization. It can be found both at the authorities themselves and on the Internet. But, here, too, you need to be careful, because a huge number of employment contracts are quite old and do not correspond to the realities of today's life.

It is best to draw up an employment contract yourself. This is not the easiest way, but it will be the most suitable for everyone, since all the necessary nuances can be foreseen, taking into account the specifics of the work and the wishes of both parties.

Now let's go directly to the information itself, which should be when drawing up an employment relationship contract. First of all, there are a number of specific requirements for what should be contained in an employment contract. The legislation expressly states that such an agreement must have:

• details of the document;
• the conditions under which a person is accepted for a certain position;
• information about the parties to such an agreement;
• place of work, time and other mandatory provisions.

The details include the very indication of who draws up such a document, as well as the date of its signing and the number of such an agreement.

If we talk about the conditions for hiring, then it is worth noting that they can be divided into two categories:

• mandatory;
• additional.

The first are those qualities without which it is impossible to carry out labor activity in this area. As a rule, this is due to the specifics of the work. They are provided for by legal acts. If we talk about additional, then this is a category that is set at the discretion of the employer.

Mandatory employment contract must contain details of the parties. This concept includes their names (for individuals) and names (for legal entities). In addition, you must specify the place of residence or location of the participants in the agreement, their passport data and tax payer codes.

The most extensive list of the last category. This includes:

• an indication of the place where the employee will work - the address;
• duties to be performed;
• terms of the agreement; the amount of wages - without fail not lower than the minimum established by the state;
• the nature of the work;
• the obligation of the employer to provide a normal place of work;
• vacation period and its duration - not less than 24 days;
• social insurance.

These items must be included in the employment contract. If they are not, such a document will be invalidated. In addition, the parties may prescribe any other clauses that they consider necessary. The only condition is that they must not contradict the norms of the law.

The procedure for presenting information when drawing up an employment contract

In order for the contract to be correct, it must be drawn up in accordance with certain recommendations. In this case, we are talking about the sequence of presentation of data. It's pretty important that everything is logical, because it not only gives a normal look to the document, but also makes it easier to use.

• introductory part;
• subject of the employment agreement;
• the rights and obligations of the employee;
• the rights and obligations of the employer;
• modes for rest and work of the employee;
• salary;
• conditions of the employee's workplace;
• other provisions;
• information about the parties to the agreement.

Usually, it is in this sequence that labor contracts are drawn up by competent employees. Each section has its own characteristics, so we suggest that you familiarize yourself with each of them in more detail.

Introductory part of the employment contract

This is the most general part of such an agreement. First of all, the name of the document itself, that is, "EMPLOYMENT CONTRACT" and, if necessary, its number, should be indicated in the middle. The date of signing and the place where such actions were carried out are entered below.

Then there is information about the employer. If this is a legal entity, then its full name and a citizen who represents the interests of such an organization when signing an employment contract are indicated. In addition, it is necessary to indicate on the basis of which document he carries out such actions.

The subject matter of the employment contract

Here you need to specify the main provisions of the relationship between the parties to the contract. That is, it is written that the employee is accepted into such and such an organization for a certain position. In addition, it should be indicated that the enterprise provides a workplace to a person in accordance with such an agreement and the norms of the legislative framework.

Next, you need to describe a rather important point - the term of action of such relations. There are two options here - either they will be limited to a certain date, or the agreement is drawn up for an indefinite period. In addition, if the term of work is limited, it is necessary to describe the reasons for the termination of the relationship between the parties at the end of such a period.

It also indicates the probationary period, if such is introduced by the decision of the employer. In addition, it is necessary to provide for the date from which the person will begin to perform his duties.

It also describes the moment when the contract is gaining legal force. As a rule - from the moment of its signing. Next, you need to indicate whether this work is the main one for a citizen.

Rights and obligations of an employee under an employment contract

This and the next part are the most informative. Here it is necessary to directly indicate what the employee must do and what he cannot. First of all, they designate his direct superior, to whom he must obey.

Further indicate his right to terminate this agreement. It can be fixed both in the document itself and in normative legal acts (you need to indicate the reference provisions to a specific Law). His right to provide a workplace, the conditions in which he must carry out his activities, the possibility of protecting interests, etc. are indicated.

A separate category is the duties of the employee. First of all, its execution of the actions stipulated by the contract, observance of discipline and internal regulations are indicated. In addition, it is possible to prescribe situations of an unforeseen nature and the actions that the employee must take in such a case.

As a rule, after the list of basic obligations, a paragraph is indicated that says that in addition to the above rules, a person must comply with all other norms that are provided for in the legislative sphere.

The rights and obligations of the employer under the employment contract

This part is very similar to the previous one, but it already directly describes the possibilities of the organization in relation to its employee. First of all, the right to the opportunity to make changes to the contract and their grounds is indicated.

The main duties are to provide the employee with a workplace and all the necessary conditions for his actions provided for by the contract and the Law. In addition, one of the most important points is the consolidation of the obligation of the employer to promptly notify the person about changes in the work process that directly concern him.

Another important point will be the consolidation of the need to compensate for damage caused by working conditions and the labor process itself. Since it is impossible to indicate everything in principle, it is necessary to make a reference provision, which will consolidate the need to familiarize yourself with the regulatory legal acts.

Modes for rest and work of an employee under an employment contract

It is quite important to fix the work schedules of each employee of the company. In addition, the same section also includes provisions for the provision of vacation periods and the process of their appointment.

As a rule, such information is compiled in the form of tables and describes the time that a person works. It is necessary to take into account all the provisions of the Law in this regard. So, citizens work no more than 8 hours a day and with a lunch break.

In addition, there are certain recommendations for holidays. Thus, it was established that every citizen has the right to annual rest, which cannot be less than 24 days. You can prescribe exactly how it will be provided - in whole or in parts.

Wages under an employment contract

It is quite important to designate the process of remuneration of an employee for the performance of his duties. First of all, it is about the amount. In this situation, it must be borne in mind that it cannot be less than the minimum established by the state.

In addition, you need to describe the payment procedure itself. So, you need to designate the frequency. For example - monthly or in advance. You can specify bonuses and allowances. Also, you need to indicate the method - transfer to the card or personal provision.

Conditions of the employee's workplace under an employment contract

Such a clause must necessarily contain all the main provisions on the field of work itself. It is necessary to indicate the possibility of working with objects that are harmful to human health.

In addition, the contract indicates a list of all inventory that is provided to the employee for the performance of his duties. Also, you need to indicate directly the very nature of the activity - mobile, traveling, etc.

Other provisions under the employment contract

This part is intended to present information that, by its nature, does not fit into any of the previously named sections, but is of significant importance.

As a rule, provisions are fixed here on who owns all the objects that are used in activities. Also, it is this section that in most cases describes the procedure for terminating the contract.

That is, you can prescribe absolutely everything that complies with the norms of the Law.

Information about the participants in the employment contract

Information is provided here without which the contract will be invalidated. First of all, the full names or title are indicated. Further, information about the documents that prove the identity is fixed. All details must be provided.

In addition, you can attach other data. As a rule, these are bank account numbers, etc. After that, a place is left for affixing the signatures and seals of the parties, which is the basis for securing the legal significance of the document.

Having considered how an employment contract is drawn up, we suggest that you familiarize yourself with its sample:

Drawing up a fixed-term employment contract

The legislator recognizes as a fixed-term contract agreements that are drawn up for a term that does not exceed 5 years. At the same time, situations are established in which such agreements can be concluded. These include:

• contracts that are drawn up with replacement workers;
• seasonal work agreements;
• contracts for moving to another locality;
• contracts for work outside the territory of Russia;
• in cases where the organization was created for a specific term, etc.

That is, in all other cases, the possibility of drawing up such agreements becomes impossible. Therefore, before resorting to such agreements, it is necessary to familiarize yourself with the legislation.

For all types of employment of new applicants, an employment contract is signed between the parties to the legal relationship, which is the main document regulating the emerging legal relationship. According to the norms of the Law, the possibility of an oral agreement is not excluded, but only a written fixation of the rules for performing work, as well as mutual consent of the parties to the agreed conditions, provides an opportunity for legal protection of the parties in the event of labor disputes.

Basics

Some productions exclude the need to sign a contract, but the document should not be underestimated, since the legislator determines that the agreement plays a key role in the formation of legal relations between the employee and the authorities. In particular, it can be noted that the TC has the following practical significance:

• fixing the working conditions of each individual employee;
• official confirmation that the citizen is an officially employed person at a particular enterprise;
• prevention of unauthorized movement in the service, as well as other significant changes in the work of personnel;
• confirmation of the mutual consent of the participants to perform work on the conditions described in the document;
• approval of the procedure for the operation of labor relations, as well as fixing the ways in which the termination of the employment contract occurs;
• the possibility of using the contract as the main evidence in defending personal rights and interests in court.

Subjects

The procedure for concluding an employment contract implies the obligatory presence of two parties - a company represented by a representative on the one hand (employer) and an individual who wants to start working (employee) on the other. On the part of the employer, an authorized person from the management may act, who is entitled to sign contracts with applicants. On the other hand, citizens who have reached the age of 16 can be involved in labor.

In addition, there are a number of age exceptions and restrictions for applicants. Namely:

• as an exception, 15-year-old teenagers can also be involved in light work without the written consent of adult guardians;
• when involved in official work at the age of 14 to 15 years, the consent of the parents is required;
• employment areas are provided that allow the work of minors who are under 14 years old, but only with the consent of adults, as well as with confirmation that employment will not interfere with education and will not affect the mental development of the child.

As for the extreme upper age limit, it does not exist. On the territory of the Russian Federation, even persons who have reached retirement age can be involved in work. But some restrictions may be provided for certain categories of workers, such as military and government employees.

The agreement is formed in several stages. After the parties pass an oral interview and it is decided to satisfy the applicant's application for employment, the text of the future contract is prepared, which the participants get acquainted with. When establishing points that do not satisfy one or another employee, the text is redone and prepared in a new edition. And only if the content fully corresponds to the desires of both participants, the contract is submitted for signing.

Important! In the event of labor disputes, the signed agreement will have the role of the main document, since the contract is signed with signatures indicating the mutual agreement of the parties to describe the terms of performance and remuneration. Therefore, the text should be as complete as possible and should include alternative ways to resolve possible conflict situations.

• full details of the participants (last name, first name, patronymic, address of registration and actual residence, contact details of the employee, as well as the legal address and company name of the employer);
• certifying documents of each of the parties;
• date and place of drawing up the document, as well as its name;
• place of work (that is, the branch and its location are specified);
• the intended position, as well as the type of employment (full-time, part-time, home work);
• the procedure for the formation of the working week;
• basic working conditions;
• additional working conditions that are associated with increased danger or harmful conditions;
• additional payments or other guarantees that are compensation for special conditions of service;
• the procedure for making payments (frequency of payment, salary, as well as a list of regular financial incentives);
• the procedure for accruing penalties and a list of possible offenses to be punished;
• organization of a probationary period (conditions for its payment and termination).

Also, it would not be superfluous to display the rules for calculating vacation days and their use. Also, if the contract is concluded for a certain period of time, then it is necessary to display the circumstances and date of its termination.

Classification

Traditionally, the types of employment contracts differ in terms of their duration:

• urgent;
• perpetual.

Unlimited period

As a rule, according to the requirements of the law, all contracts are concluded indefinitely, unless otherwise provided in the terms of the employment agreement. Moreover, employers have a limited list of grounds by virtue of which it is allowed to limit the duration of the agreement.

If the agreement is drawn up for an unlimited period, then it is not necessary to additionally indicate this moment in the text of the agreement. And the termination of the agreement occurs on a general basis, in accordance with the requirements of labor legislation.

limited period

As mentioned above, a fixed-term employment contract can only be signed if there are legal grounds for this. At the same time, the duration of the agreement must be indicated in the text of the contract. And also, evidence is additionally displayed that the applicant cannot be involved in labor indefinitely.

At the end of the established period of validity of the document, there are two possible solutions:

• termination of labor relations;
• signing an addendum to the current document, which indicates the fact of the continuation of work.

Also, the extension of a fixed-term employment contract can occur automatically. If, at the end of the term of the document, the employer did not send the employee a notice of termination of legal relations, and such an initiative was not received from the employee himself, and at the end of the term, the employee continues to perform his labor duties, then the contract is considered to be extended for an unlimited period.

When the parties to the agreement decide to extend the working relationship for another limited period, it must be remembered that the maximum period of such an extension is five years. And the employer undertakes to notify the employee of the need to continue the contract no later than three days before the agreed date.

Additionally, fixed-term labor relations can be divided into three more subgroups. The first group is contracts, the validity of which is limited to specific calendar dates. The second group consists of those agreements whose actions are limited to the performance of a certain activity, that is, the need to complete a certain amount of work. And the third group includes those contracts that are signed with employees temporarily filling vacancies. But, regardless of the type of the signed contract, both participants must avoid the facts of violation of the rights and freedoms of the second of the subjects, otherwise the contract may be canceled in court.

In addition to the Labor Code of the Russian Federation, the obligations and rights of the parties to labor relations, their responsibility, as well as a number of other issues that arise during the implementation of activities, are regulated by an employment contract (TD). The execution of an employment contract guarantees the protection of the rights of the employee and the fulfillment of the obligations assigned to the employer in an appropriate manner. The rules and conditions for the registration of citizens under a labor agreement are enshrined in law.

Is it necessary to sign a contract?

According to the norms of civil law, hiring an employee must be accompanied by the drawing up of an employment or civil law contract. The absence of one of the listed documents is a direct violation of the law and may entail bringing the employer to legal liability, up to criminal liability.

If such a situation arises that the employer did not know about the fact of the violation, the responsibility is borne by the person who allowed the employee to work without a contract, without first agreeing this issue with the manager.

Attention! Employment based only on an order or marks in the work book is prohibited. The execution of an employment contract is a condition that is mandatory for each employee.

According to article 67 of the Labor Code of the Russian Federation, admission to work without an agreement is allowed only if it is drawn up within the next three working days. In this case, the day when the employee actually began to fulfill his obligations is considered the moment the contract was concluded.

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Employer's responsibility

Registration for work under an employment contract is carried out in accordance with legislative norms.

1. information about the employee and the employer (name of the enterprise, full name and data of the employee's passport, details of the individual entrepreneur);
2. where and when the contract was concluded;
3. information about identity documents of the parties;
4. information about the authorized representative of the employer, including data on documents proving that he has the necessary powers;
5. the place where the activity will be carried out (exact address);
6. the proposed position provided for by the staffing table;
7. information about the term of the contract (for urgent). In termless, only the date when the employee must begin to fulfill obligations is indicated;
8. remuneration, conditions for making payments (salary amount, date of payment, conditions for bonuses and the use of various kinds of incentives);
9. working hours and vacation time;
10. information about working conditions;
11. compensation system at enterprises with harmful working conditions;
12. social security conditions.

Requirements regarding the content of the agreement are established by Art. 57 of the Labor Code of the Russian Federation.

Registration procedure

The procedure for registration of labor relations on the basis of a contract involves the passage of several stages.

These include:

1. Provision by the employee of the documents necessary for the implementation of the procedure.
2. Carrying out organizational measures aimed at familiarizing the employee with local legal acts.
3. Stage of direct conclusion of the agreement.
4. Performing registration actions, processing employee documents.
5. Fixing the necessary data in the work book.

Provision of documents

The stage of concluding a TD is preceded by the receipt of the necessary documents from the candidate, the list of which depends on the following factors:

• the position for which the candidate is applying;
• requirements for a particular position.

Attention! A certain category of candidates is required to undergo a medical examination. The list of such persons is strictly regulated by special legal acts.

Required Documents

List of required documents:

• applicant's identity document.
• candidate's work book;
• original insurance certificate OPS (SNILS);
• military ID (for those liable for military service).

Important! If the candidate gets a job for the first time and, accordingly, does not have a work book and an insurance certificate, the employer is obliged to issue these documents to him.

The rule does not apply to remote employees, with whom the exchange of documents took place by electronic correspondence. Employees of this category receive SNILS independently from the Pension Fund of the Russian Federation, after which they send the necessary information to the employer.

Additional

Among the documents that are of secondary importance and / or are provided only in cases prescribed by law, include:

• application on behalf of the candidate for employment;
• education documents (certificate, diploma, certificate, etc.);
• a medical book or a certificate confirming the passage of a planned medical examination (applies only to a certain category of persons);
• a document confirming that the candidate has no outstanding or unexpunged convictions in the manner prescribed by law.

Important! This requirement is relevant for teachers, civil servants, as well as representatives of law enforcement agencies.

• tax number;
• international passport;
• work permit.

Important! Granting of a patent is necessary in case of employment of a foreign national. Registration of foreigners who do not have a permit is prohibited.

• certificate in form 2- personal income tax (for employees entitled to receive tax deductions);
• documents confirming being married and having children;
• certificate of income of the second spouse (for officials, employees of the Central Bank of Russia, municipal employees);
• information on salaries for the two years preceding the current one (for sick leave);
• medical documents indicating that the candidate has no diseases that prevent employment in the Far North (if the place of work is located in this region).

Who needs to undergo a medical examination

The requirement to undergo a medical examination is mandatory for candidates applying for employment in the field of:

1. Education.
2. Public catering.
3. Trade.
4. Creation of waterworks.
5. Providing medical services.
6. Underground works.
7. Transport traffic.

In addition, a medical examination must pass:

• persons under 18;
• employees of enterprises with hazardous production, as well as organizations with unsafe working conditions;
• shift workers;
• applicants for work in the regions of the Far North.

The presented list is not exhaustive and is governed by the norms of special legal acts.

Local acts that are mandatory for review

Immediately before the start of the labor activity, the employee must be familiarized with the local regulatory legal acts.

Local acts can be conditionally divided into two categories:

• basic (available at all enterprises);
• secondary (subject to familiarization only if available at the enterprise).

List of main regulations:

• rules for the protection of working conditions;
• PVR (house rules);
• staffing;
• acts regulating the procedure for remuneration;
• instructions specifically designed for the storage of personal data.

List of documents required for review:

• job descriptions;

Additional Information! There are no uniform requirements for the preparation of a job description by law, so the employer independently develops the text of the document. The presence of this local act at the enterprise is not mandatory, instructions can be recorded in the TD.

• agreement on the conditions and procedure for the application of liability;
• acts regulating the order of document circulation at the enterprise;
• collective agreement;
• regulations on social security of employees;
• other local regulations.

The fact that the employee is familiarized with the content of local legal acts is confirmed by his signature on the familiarization sheet, which is subsequently filed and sealed with the seal of the organization and the signature of the authorized person.

Conclusion of an agreement

The employment agreement is drawn up in 2 copies, one of which remains with the employer, the second is handed over to the employee.

Mandatory requisite of each sample is the signature of the employee.

Note! The number does not belong to the category of mandatory details, it can be affixed at the request of the employer to simplify the document flow procedure.

In addition, in relation to the employment contracts of enterprises of the legal form of JSC and LLC, there is no requirement to certify the document with a seal.

Contract time

According to the duration of action, TDs are:

1. Urgent (valid no more than 5 years).
2. Perpetual.

If the right of the parties to conclude fixed-term agreements is not limited by law, then the situation is somewhat different with respect to open-ended ones.

In accordance with Article 59 of the Labor Code of the Russian Federation, urgent TDs are concluded in the following cases:

• if a permanent employee is temporarily absent, therefore, the fulfillment of his obligations is entrusted to another person;
• performance of temporary or seasonal work, the duration of which does not exceed 2 months;
• internships, internships, vocational education;
• registration in an organization established for a specified period to perform specific tasks;
• holding an elected office or serving in an elected body.

In cases provided for by law, it is also allowed to conclude a fixed-term contract by agreement of the parties. As a rule, this applies to pensioners, part-time workers, full-time students, managers and representatives of creative professions.

Paperwork

The procedure for hiring an employee is not limited to the conclusion of a TD. In addition, you must complete:

• employee's personal card;
• The order of acceptance to work;
• a card for recording the amount of accruals and deductions;
• tax register form for income and income tax;

Entry in the workbook

It is the responsibility of the employer to enter data on employment in the work book of the employee. The exception is cases of employment of part-time workers.

The information recorded in the work book must comply with the order for employment. The authority necessary to implement the procedure is vested exclusively in the employer or an authorized person.

Watch the video about the employment contract

On the same subject

The relationship between an employer and employees hired by him is regulated by the Labor Code. This is realized through the conclusion, which prescribes the basic rights and obligations of the parties, as well as the key conditions for the social protection of the employee.

Considering that this document directly affects working conditions, earnings, time spent at the workplace of a citizen, the execution of an employment contract is carried out according to the rules defined at the legislative level.

Main types of employment contracts

An employment contract is a written agreement that defines the conditions of work, pay, social protection, the regime of work and rest, as well as the obligation of a citizen to fulfill the tasks entrusted to him, to adhere to the rules of conduct established at the enterprise and the existing routine. It is important to note that the rights and obligations in such a document are mutual in nature and are based solely on the requirements of laws and regulations in force in a particular industry.

Conventionally, all employment contracts can be divided into three basic types:

1. Indefinitely imprisoned. Contracts of this type contain a basic set of working conditions for a specific position. Their main difference from other types of contracts is that they do not have an expiration date. This means that until the employee decides to quit on his own or the conditions provided for by law come into effect, under which the employer can dismiss him on his own initiative, such an agreement will remain in effect.
2. employment contracts. As the name implies, this type of employment contract has a start and end date. In this case, if the employer decides not to renew such an agreement with the employee, then he has the right to notify the employee about this seven days before the end of the agreement and calculate it on the last day of work. For this, it is not required to look for any reasons or circumstances, or to explain anything to the employee.
3. Employment contracts with a probationary period. These can be both perpetual and fixed-term agreements (the latter with a validity period of more than two months). Their main feature is that the test period is stipulated in the contract itself. For workers, the maximum probation period cannot exceed three months, for managers - six months. For certain categories of citizens, labor legislation introduced a ban on establishing a probationary period. At the same time, in order to dismiss an employee at the end of the probationary period, it is necessary to document that he did not cope with the task assigned to him.

Remember, before agreeing to the working conditions offered by the employer, familiarize yourself with the requirements of the law so as not to put yourself in obviously losing conditions.

Labor contract requirements

Given that an employment contract is concluded on the basis of legislation, certain requirements are initially set for this in order to recognize it as “legitimate”. In the process of concluding agreements of this type, it is important to immediately take into account the following nuances:

• employment contracts are concluded exclusively in writing;
• agreements of this type must be signed by the employer (legal entity) and the citizen hired;
• the document must have two original copies, one for the employee and one for the employer;
• in the case of concluding an employment contract with an individual entrepreneur, he must be registered with local authorities;
• the contract must necessarily have all the basic conditions provided for by law (position, salary, working and rest conditions, obligations of the parties, confidentiality conditions);
• the list of necessary documents for concluding an employment agreement is determined by law (the employer does not have the right to require additional documents, if this is not required by the specifics of work in a particular position);
• all changes and additions to the employment contract are drawn up in the same manner as the main document was signed.

Remember, if an employment contract that knowingly infringes on the employee is signed between the employer and the employee, which does not comply with the requirements of labor legislation, the employer may be held liable. Its level will depend on the severity of the consequences.

Trade unions, employees of state departments in charge of labor issues, employees of the prosecutor's office can control the compliance of labor contracts with the conditions of the current legislation. The employee can apply to them independently or such verification is carried out at the initiative of the competent authority. You can also go straight to court.

Design stages. Required documents

Documents for employment

The next important question is how the registration of labor relations is carried out, what documents are required for this. To begin with, we suggest that you familiarize yourself with the approximate sequence of actions that a citizen goes through in the process of applying for a job.

Interview. Before deciding whether a citizen is suitable for a particular position, most employers try to personally or through authorized specialists communicate with a potential candidate, find out his requirements, opportunities, degree of interest in the results of work. Immediately, the employee is told his main responsibilities for the new position.

Writing an application. This stage comes when the candidacy of a potential employee is agreed. In the application, the future employee must clearly indicate from what period he starts work (if not, then from the moment the application is approved by the manager authorized to hire the employee).

Preparing an acceptance letter. After receiving a positive resolution from the head of the personnel department, an order and an employment contract are prepared for signature. Usually, the order is signed first (the terms of the employment contract must be agreed with the employee).

Signing an employment contract. Must occur no later than three days from the day the employee is actually hired.

Now a little about what basic documents you need to have with you in order to formalize an employment relationship. This list includes:

1. Identification document (usually a passport).
2. (it may be absent if the employee gets a job for the first time).
3. A certificate confirming participation in state pension insurance (for those starting to work for the first time, it may also be missing).
4. For those liable for military service - documents confirming their military registration.
5. Documents on education (submitted only if the position for which the citizen is applying requires certain qualifications, skills, special knowledge).
6. Confirming document that the citizen has not previously had problems with the law and has no criminal record.

The employer does not have the right to require any additional documents if this is not provided for by the working conditions (for example, when working with children, a medical certificate may be required that you do not have infectious diseases).

Remember, the procedure for applying for a job, as well as the list of documents required for employment, is determined at the legislative level. If you meet the established criteria, you have every right to apply for the relevant position.

Mandatory conditions

Mandatory terms of an employment contract

The legislator determined what conditions in the process of drawing up an employment contract must necessarily be reflected in its structure. Among them stand out:

• full name of the position and full name of the employee and his future employer;
• the place where in the future the citizen will perform the labor functions assigned to him;
• the exact date from which the employee is obliged to start working in the company (it may correspond to the date of signing the contract or, by agreement of the parties, be a little later. In exceptional cases, it is allowed to put down the date earlier than the one when the contract was signed);
• clear and understandable (without ambiguous interpretations) the rights and obligations of the employee, which he must comply with in the company;
• a list of duties and rights (in relation to the employee) on the part of the company administration;
• description due to the employee compensation, social benefits for work in harmful or dangerous working conditions, which indicate specific sizes and parameters;
• mode of work, rest, general conditions of payment (necessarily the level of official salary or tariff rate), due surcharges, allowances, remuneration. Individual awards may be subject to certain conditions that must be met. They are also included in the employment contract in the form of applications.
• if a probationary period is introduced for a particular employee, this must be indicated in the contract without fail;
• if the work is related to access to information and information that is confidential or related to state secrets, the contract must indicate the employee's non-disclosure obligations.

Remember, all the main and additional terms of the employment contract must comply with the requirements of labor legislation. Going beyond the existing articles of the law is possible only if such conditions improve the level of wages, social benefits, compensation for a particular employee.

It is important to take into account that the terms of employment contracts, in addition to labor legislation, must also take into account the norms of legislation on labor protection, industrial sanitation, and fire safety. If the norms of the signed contract violate them, such norms in terms of violation of labor protection may be invalidated. As an example, an employee is offered an increased level of remuneration when working in conditions dangerous to his health and life without appropriate protection.

Salary

It should be noted that the key condition of each employment contract is remuneration. After all, that is why citizens and get a job. The contract must clearly and unambiguously disclose all the remuneration due to the employee for his work.

It consists of the following main parts:

1. Official salary (for workers, an hourly tariff rate may be established). This is the minimum guarantee of wages, below which (taxes deducted) the employee is not entitled to receive.
2. Compensatory payments. Quite often, an employee has to work in conditions that differ from the normal human environment. This may be work in conditions contaminated with radiation, in hazardous or dangerous production, with a sharp deviation from normal climatic conditions (conditions of the Far North).
3. Various incentive payments. This category includes all kinds of incentives, bonuses, additional payments, all kinds of allowances, with the help of which the employer increases the employee's interest in highly productive work. Usually they have a "floating" character and directly depend on the final result of labor.
4. Social payments. Assistance to pensioners, the low-income, young mothers with many children, as well as other categories of citizens is very often practiced by companies as an integral part of encouraging employees to stay in the company.

Remember, remuneration must be described in detail in the employment contract as an integral part of it. And even if these norms are established in the collective agreement of the company, it will not be superfluous to duplicate them with respect to a specific employee.

Usually, the employee is paid for the period worked or the final result (the number of manufactured products). All payments that are calculated as a percentage of the salary (rate) are also paid proportionally.

This should also be reflected in the employment contract. Indeed, often employers go to some tricks and pay additional remuneration only if the employee fully works out the reporting period.

An important point is the number and payment of days of annual leave. The minimum number of days of rest on vacation is determined at the level of labor legislation.

At the same time, the collective agreement of the company is allowed to establish additional days of paid leave at its own expense. If such days are present, this should also be mentioned in the employment contract.

State guarantees when concluding an employment contract

Denying a job to a pregnant woman is prohibited

If the potential employee fully complies with the requirements put forward by the employer, the latter does not have the right to refuse the citizen to conclude an employment contract. This is possible only if there are compelling reasons.

At the legislative level, employers are prohibited from refusing to hire:

• taking into account gender, nationality, race, skin color, marital or social status, other signs that discredit a person in relation to other members of civil society;
• women in a state or because of the fact that they have young children in their care;
• if the employee was previously invited in writing to work in a company in another locality and at the previous place of work he had already managed to quit (but not more than a month from the date of dismissal).

Remember, at the request of the applicant, the employer who refused to conclude an employment contract is obliged to explain in writing the reasons for such a decision. In the future, the citizen has the full right to challenge such a refusal in court.

It is important to note that any restrictive measures that are introduced due to specific working conditions (for example, restricting the work of pregnant women in hazardous work) are established at the legislative level and are regulated exclusively by laws. It is prohibited to introduce such prohibitions by regulations or local documents of the employer.

How to draw up an employment contract, see this video:

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