What are the terms of the contract provided for in the labor code. Mandatory conditions of the employment contract. Information and conditions prescribed in the employment contract

In Russia, legislation strictly regulates the issue of formalizing the relationship between workers and employers, and that is why it provides for mandatory conditions employment contract in 2018, which must be present in the concluded document, regardless of other circumstances. The absence of one of the mandatory conditions for inclusion in an employment contract in some cases may lead to the recognition of the document as invalid in its individual parts, or to the liability of the employer, or other negative consequences. That is why each of the parties to the relationship should be aware of what information should be present in the employment contract and check its availability.

Mandatory conditions of an employment contract under the Labor Code of the Russian Federation - legislative regulation

From the point of view of Russian legislation, the main regulatory document on the basis of which most aspects of labor relations are actually regulated is the Labor Code. In particular, the Labor Code of the Russian Federation also describes the mandatory terms of an employment contract, as well as other standards that must be observed by both the employer and the worker when hiring the latter. The legal regulation of the mandatory terms of an employment contract is considered primarily by the provisions of the following articles of the Labor Code of the Russian Federation:

• Art.56. The standards of this article define the very concept of an employment contract as the main document regulating the existence of working relationships.
• Art.57. The regulation of this article is directly devoted to the mandatory terms of the employment contract and includes a list of information that must be present in the agreement in any case, as well as data that is optionally included in the text of the agreement.

These are only the main regulatory requirements affecting the issues of procedural registration of existing labor relations. In practice, the legal regulation of mandatory information that must be included in the agreement concluded between the parties may be provided by other regulatory provisions - both directly by separate articles of the Labor Code, and federal laws, and other national documents.

Article 56 of the Labor Code of the Russian Federation suggests that even the absence of information required to be indicated in an employment contract may not be sufficient grounds for its termination or invalidation. In the event that any mandatory information was omitted during the preparation and signing of the document, the parties have the right to change the provisions of the concluded contract by means of an agreement, or else - to seek a change in the employment contract in judicial order.

What conditions are mandatory for inclusion in an employment contract

The conditions that are mandatory for inclusion in an employment contract, as mentioned earlier, are considered mainly by the provisions of Article 57 of the Labor Code of the Russian Federation. Since the number of these conditions is quite large and each of them can have its own individual characteristics legal regulation, we can divide them into key groups, which will be discussed in more detail later. So, the types of conditions that are mandatory in an employment contract can be as follows:

• Installation information. It affects aspects directly related to the subjects of labor relations - the employer and the applicant, as well as a number of mandatory information about the conclusion of the agreement itself.
• Place of work. The place where the employee will work must also be directly stipulated in the provisions of the contract. At the same time, there are quite a few nuances in this matter that the employer should take into account.
• Labor function of the employee. The employment contract must fully describe the main tasks of the employee in the framework of work for the employer, establish his official duties and rights. At the same time, it is possible not to list all the necessary requirements in the contract, which should also be taken into account when drawing up the document.
• The order and conditions of remuneration. The remuneration system established at the enterprise, as well as the direct amount of tariff rates, employee salary, bonuses - should be in without fail stipulated in the agreement.
• Working hours and rest. The employer must fix the worker's mode of work, taking into account how working time, and the working week, the procedure for granting holidays and other nuances related to ensuring the employee's right to rest.
• Working conditions and additional guarantees. If the work will be associated with non-standard working conditions, be of a harmful or dangerous nature, this should be reflected in the agreement being concluded, while the employer must also reflect in the contract the guarantees provided in connection with special working conditions - both provided by the state and optionally established in within a position or company.

In some cases, certain terms of the contract are not initially binding, but their indication may be considered mandatory if there is a specific legal aspect that an employer or job seeker will want to use. For example, if labor activity involves a probationary period, the full liability of the employee and other nuances of the activity, they must necessarily be reflected in the provisions of the document being concluded.

Setting data of the parties to the employment contract as a prerequisite for its conclusion

Under the setting data, the legislation implies an indication of basic information about the parties to the employment contract themselves and about the conclusion of the document. So, they include the following data:

• Name of the employee.
• Information about the employee's identity card - including the date of issue and the serial number of the document.
• Full name of the employer, if he is an individual, or the full name of the legal entity.
• TIN of the employer.
• Date of conclusion of the contract.
• Place of agreement.

It should be noted that the employer must separately indicate in the provisions of the employment contract the place of conclusion of the document, and the place of work of the employee - these are different information that will not necessarily be identical. It is also necessary to remember that the date of conclusion of the contract and the date of the direct entry of the applicant to work may differ, however, the conclusion of the contract in any case must occur earlier than this date.

If the contract did not contain these key details that allow one of the persons who entered into it to be reliably identified, or if it is impossible to identify the date of the conclusion of the contract, and an agreement between the parties has not been reached, the contract may eventually be declared invalid, but only in a judicial proceeding. The indication of false information or forged documents at the conclusion of the contract is a sufficient reason for its termination at the initiative of the injured party, but it is she who makes the decision to terminate.

Mandatory requirements for an employment contract on the place of work

The issue of indicating the actual place of work of an employee is extremely relevant for both employees and employers. At the same time, it should be noted that the legislator does not indicate the need to precisely determine workplace up to the address and place of accommodation of the worker, which provides certain opportunities for the employer. Therefore, a number of features should be taken into account when specifying the workplace:

If the employee works at home, then his home is indicated as the place of work, the same applies to the obligation to indicate the nature of the work at home. With a remote contract, the place of work may simply indicate the actual location of the employee.

Labor function as a mandatory condition of an employment contract

The mandatory conditions of the employment contract include, last but not least, the labor function of the employee. It refers to the range of job responsibilities of the employee, the nature of his labor activity and position - all these data must be present in the text of the employment contract. At the same time, the employer does not need to describe all the wording of the employee's job responsibilities. So, in the text of the contract, references to the job descriptions and staffing table acting as local regulations of the enterprise can be drawn up.

Fixed in local regulations and the employment contract, the position must match. At the same time, if the position may imply special conditions labor, providing additional social guarantees, it must also correspond to a single reference classifier.

Involve an employee in the performance of duties not provided for by him labor function the employer has no right - even within the framework of the order. Such involvement may require either the direct and voluntary consent of the employee, or a change in the labor function in the contract, which also requires the consent of the worker. It is prohibited to bring an employee to disciplinary responsibility for refusing to engage in activities that are not part of the employee's labor function.

If the labor function involves work in harmful or dangerous conditions, this nature of labor activity must be fully considered by the provisions of the contract.

Remuneration and working conditions as a mandatory condition of an employment contract

Under the working regime in Russian legislation it implies the establishment of a work schedule - the working week, the duration of the working day and the working time itself. At the same time, employee breaks, vacations and the procedure for obtaining them, as well as holidays and holidays. If the work will be carried out at night, this must also be initially provided for in the text of the contract.

The mode of work specified in the contract is the only basis indicating the time the employee leaves for work and leaves it. If necessary, the regime can be changed only by agreement between the employer and the employee - or, with prior notice two months before the change, if it occurred due to a change in technical or organizational working conditions. The labor regime has the right to control trade union organizations.

There is no need to specify the working regime directly in the provisions of the agreement, if it provides for a reference to individual local regulatory documents enterprises - to the current staffing table, collective agreement or other duly recorded documents that the employee can familiarize with.

The legislation also gives the employer the right to independently establish a remuneration system in any form that does not contradict the current legislation. This allows you to use effective methods of employee motivation and personnel management and gives the employer the opportunity to improve the performance of the enterprise. At the same time, the employment contract must contain information both about the remuneration system and about its individual details that affect the direct amount of the employee's salary. In general, for an employment contract, it is sufficient to mention that the remuneration system and the amount of remuneration at the enterprise are established by the current job list or pay regulations.

Under no circumstances, if an employee works full-time, he can not receive wages lower than the minimum wage. However, it is permissible to set a rate or salary below the minimum wage - there are no violations in these actions if other components of the salary actually at the time of payment make it higher or equal to this indicator.

Additional conditions in the employment contract that are mandatory optional

As mentioned earlier, if labor regime will have certain features, their presence must be indicated in the employment contract, however, they are not mandatory conditions for each document - in the absence of such features, they may simply not be mentioned in the text, and this will not be a violation of the law. Some of the conditions that must be mentioned in the contract include:

• Terms of the contract. If the contract is urgent and is governed by the provisions of articles 58 and 59 of the Labor Code of the Russian Federation, then the fact of urgency must be reflected in the document, as well as the circumstances indicating the end of the employment relationship. At the same time, short-term contracts and seasonal contracts are also referred to as urgent, however, the seasonal nature of the activity should also be reflected in the provisions of the document, if it is provided. More details about the features of the conclusion and legal regulation of fixed-term employment contracts can be found in a separate article.
• Availability probationary period. The probationary period under the Labor Code of the Russian Federation is regulated by the standards of Articles 70 and 71 of the Labor Code of the Russian Federation. If it is provided, then information about the probationary period should also be reflected in the text of the contract. At the same time, the probationary period affects the possibility of dismissal of the employee both due to failure to pass the probation, and due to own will employee, greatly simplifying the process of terminating the relationship for each of their parties. However, it should be remembered that certain categories of workers are prohibited from establishing a probationary period.
• Material liability. If the position provides for the full liability of the employee, this condition must be reflected in the employment contract initially. Otherwise, the employer will need to conclude an additional agreement with the employee, in which the latter may refuse to participate.
• Student agreement. If the employer provides employees with training opportunities and bears the costs associated with it, the current contract may imply the existence of an obligation for the employee to work certain period as compensation for the time and money spent by the employer. And this fact must also be fully reflected in the provisions of the contract being concluded.
• Access to legally protected secrets. If an employee needs to have access to a secret due to his job duties, he must be informed about this and confirm his consent to such access and, accordingly, responsibility for disclosing protected information. Just as in the case with liability, this issue can be considered in the framework of additional agreement, however, it would be better if it is mentioned directly in the main document regulating the relationship between the employee and the employer.

It should also be remembered that there are many other additional conditions that, in one case or another, must necessarily be taken into account in the provisions of the contract. These may include both certain regional requirements put forward by the authorities and the legislation of the constituent entities of the Russian Federation, as well as individual labor regimes. For example, doing work in the Far North, working with children, shift work and similar special circumstances.

place of work. and in the case when an employee is hired to work in a branch, representative office or other separate structural subdivision of the organization located in another locality, the place of work indicating the separate structural unit and its location;

labor function (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific view work assigned to the worker). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements to them must comply with the names and requirements specified in qualification guides. approved in order. established by the Government Russian Federation, or the relevant provisions of professional standards;

(As amended by Federal Laws No. 13-FZ dated February 28, 2008. No. 236-FZ dated December 3, 2012)

(as amended by Federal Law No. 421-FZ of December 28, 2013)

(see text in previous edition)

on clarification in relation to working conditions this employee the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing norms labor law;

(paragraph introduced by Federal Law No. 421-FZ of December 28, 2013)

Open the full text of the document

The employment contract specifies:

surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;

information about the documents proving the identity of the employee and the employer - an individual;

taxpayer identification number (for employers, except for employers - individuals, which are not individual entrepreneurs);

information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;

place and date of conclusion of the employment contract.

The following conditions are mandatory for inclusion in an employment contract:

place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;

labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards;

the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;

terms of remuneration (including the amount tariff rate or salary (official salary) of an employee, additional payments, allowances and incentive payments);

working time and rest time (if for a given employee it differs from general rules operating at this employer);

guarantees and compensations for work with harmful and (or) hazardous conditions labor, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions at the workplace;

conditions governing in necessary cases nature of work (mobile, traveling, on the road, other nature of work);

working conditions in the workplace;

mandatory condition social insurance an employee in accordance with this Code and other federal laws;

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other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

If at the conclusion of the employment contract it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties concluded in writing which are an integral part of the employment contract.

The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:

on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;

on non-disclosure of legally protected secrets (state, official, commercial and other);

about the obligation of the employee to work after training for at least established by the agreement term, if the training was carried out at the expense of the employer;

on the types and conditions of additional employee insurance;

on improving the social and living conditions of the employee and members of his family;

on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.

on additional non-state pension provision for an employee.

By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements . The failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Labor Code (Article 57 of the Labor Code of the Russian Federation 2017)

Employment contract part 3

Relevance: 2014

3. Conditions that must be included in the employment contract.

The first part includes information characterizing the employee and the employer, the second - the mandatory terms of the employment contract and the third - the terms of the employment contract, which the parties could establish at their discretion. In personnel office work, it is important to observe these features of drawing up an employment contract.

The terms of the employment contract are included in its content by agreement of the parties.

They are divided into direct, stipulated directly by the parties in the written text of the employment contract, and derivatives, provided for by law, by agreement by virtue of the conclusion of an employment contract (on the procedure for transfers, dismissal, labor protection rules, etc.).

Immediate conditions can be of two types:

Without mandatory conditions, there can be no employment contract.

The following conditions are mandatory for inclusion in an employment contract:

1. place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization in another locality - the place of work indicating the separate structural unit and its location.

An indication of any structural unit, as required by the Labor Code of the Russian Federation by Federal Law No. 90-FZ of July 30, 2006, is now recognized as an additional, clarifying condition;

1. the labor function of an employee, which means:
   a) work in the relevant position in accordance with the staffing table;
   b) work in a certain profession or specialty, indicating qualifications;
   c) specific type of work.
   Labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications, the specific type of work assigned to him). If, in accordance with the Federal Law, privileges or restrictions are provided for certain positions, then their names should be indicated in accordance with the qualification reference books.
   In the employment contract, the law obliges to indicate the name of the position in accordance with the organization's staffing table.
2. start date, i.e. day, month and year from which the employee is obliged to start performing labor duties. The start date of work may coincide with the day the employment contract is concluded, or the parties may agree that the employee will start work later. In any case, the exact date of commencement of work is indicated in the employment contract;
3. remuneration, including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments.
   They are determined in accordance with the profession, position, qualification category and the qualification category of the employee (see Articles 132, 135 of the Labor Code). The size of the tariff rate or official salary must be specified directly in the employment contract.
   Additional payments, allowances and incentive payments due to an employee may be directly indicated in the employment contract or it may refer to the relevant regulatory legal act or collective agreement that provides for the grounds and conditions for their payment. In the latter case, the employee must be familiarized with the content of these regulatory legal acts and the collective agreement against signature;
4. working time and rest time. This condition is mandatory if the regime under this employment contract of the employee does not coincide with the general regime of work and rest in force with the employer;
5. compensation for hard work and work with harmful and (or) dangerous working conditions, as well as characteristics of working conditions at the workplace, if a person is hired for this kind of work;
6. conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, etc.).
   In accordance with Art. 168.1 of the Labor Code, the amount and procedure for reimbursement of expenses associated with business trips of employees, permanent job which is carried out on the way or has a traveling character, are established not only by a collective agreement, agreements, local regulations, but also (in appropriate cases) by an employment contract;
7. a condition on compulsory social insurance of an employee in accordance with the Labor Code and other federal laws.
8. other conditions, in cases provided for by law.
   The list of conditions of the employment contract, provided for in Part 2 of Art. 57 is not exhaustive. Legislation and other normative legal acts containing labor law norms may provide for other conditions as mandatory conditions of an employment contract.

Employer in progress personnel office work it is important to know that the absence of any of the mandatory conditions in the employment contract is not a basis for terminating the employment contract or recognizing it as not concluded.

According to part 3 of Art. 57, if at the conclusion of the employment contract it did not include certain mandatory conditions, it must be supplemented with the missing conditions. In this case, the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing. Both the appendix to the contract and the separate agreement of the parties are an integral part of the employment contract and have equal legal force with it.

The following conditions are mandatory for inclusion in an employment contract:
1) About the place of work or the location of the structural unit. The place of work is understood as a specific organization - a legal entity that has its own name. If an employee is hired by a branch, or a representative office of a legal entity, or another separate structural subdivision of the organization located in another location, the place of work is fixed in the employment contract, indicating the separate structural subdivision and its location.

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2) On the labor function that the employee will perform in the relevant position, qualifications in accordance with the staffing table, or on the specific type of work assigned to the employee.

3) On the conditions that determine the nature of the work (associated with traveling, work on the road, etc.). On compensation payments for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace.
Work is considered to be traveling in nature if it involves the performance of labor functions by employees at facilities located at a considerable distance from the location of the employer, or frequent trips of employees on behalf of the employer. Work is characterized as work on the road if the employee's labor function is performed in the process of movement vehicle(for example, chiefs (foremen) of passenger trains, carriage conductors, etc.). In such an employment contract, it is also necessary to indicate whether the performance of the labor function is constantly or periodically assumed in the specified conditions. In this case, the employer reimburses travel expenses related to business trips; for renting a dwelling; related to living outside the place of permanent residence (for example, daily allowance); other expenses incurred by employees with the permission or knowledge of the employer.
The amount and procedure for reimbursement of expenses related to business trips of these employees, as well as the list of works, professions, positions of these employees are established by the collective agreement, agreements, local regulations. Conditions for reimbursement of expenses may also be included in the employment contract. This is advisable if the organization has not adopted a collective agreement or an appropriate local regulatory act. Work in these conditions adversely affects the health of the employee (physical and mental), his social life(personal, family, public). To compensate the worker for the negative impact on health and disruption of social life, wage systems in enterprises may provide for the payment of appropriate allowances.
The employment contract must necessarily describe the working conditions at the workplace, the list of existing harmful (dangerous) factors determined by the results of the certification, and the list of benefits provided in connection with this, for example, the appointment of milk.

4) On wages (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). Despite the fact that this condition is mandatory, in real employment contracts they often indicate: “with a salary according to the staffing table”, “in accordance with labor legislation”, etc. Sometimes there are no indications of the size at all wages. Often, only the official salary or the size of the tariff rate is determined in employment contracts. Quite often reference is made to local regulations employers. All this is a violation labor law.
The condition on the amount of wages and its elements should not be formulated in the employment contract by referring to regulatory legal acts, to a collective agreement or a local regulatory act.
Remuneration also refers to relations connected with the implementation by the employer of payments to employees for their work, i.e. the employment contract must also specify the terms and conditions for the payment of wages.

5) On the mode of working time and rest time (if for a given employee it differs from the general rules in force for a given employer).
In accordance with Article 91 of the Labor Code of the Russian Federation, working time is the time during which the employee, in accordance with the internal labor regulations of the enterprise and the terms of the employment contract, must perform labor obligations. Normal hours of work may not exceed 40 hours per week, but for certain categories workers (minors, disabled people, medical workers) a preferential regime is established.
A special mode of working time in practice can be expressed, for example, in a part-time working day (shift), different from other workers, the start and end times of work, the alternation of working and non-working days, irregular working hours. The employment contract must clearly specify the specific working hours of the employee.
The general mode of working hours of the employer can be changed when concluding a collective agreement by agreement of the parties social partnership. When establishing a working time regime, the guarantees provided for employees (for example, reducing the duration of work at night and on the eve of non-working holidays) must be respected. Article 107 of the Labor Code of the Russian Federation establishes types of rest time, including breaks during the working day (shift); weekend; non-working holidays; holidays.

6) On the conditions of compulsory social insurance of an employee in accordance with labor legislation. In some cases, the mandatory condition of social insurance will be determined depending on the nature of the work performed. For example, an employee must be insured against accidents. The types and conditions of social insurance are established by federal legislation on compulsory social insurance. If the employer provides additional insurance to the employee (for example, pension or medical), then this must be specified in the employment contract.

7) About the start date of work. and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract. By general rule the beginning of work under an employment contract is determined by a calendar date or a specific day, that is, a specified specific date, month and year. Often, employment contracts indicate a period of time after which, after the entry into force of the employment contract, the employee is obliged to start work.
The date of commencement of work is the date of the actual commencement of work by the person with whom the employment contract is concluded, and not the date of conclusion (or execution) of the employment contract itself. When concluding an agreement upon the fact of the employee's going to work, the text of the agreement must contain exactly the date from which the employee actually began work, and not the date when the agreement was drawn up in writing. If the employment contract does not specify the day of commencement of work, the employee must start work on the next working day after the entry into force of the contract. The contract comes into force from the day it is signed by the employee and the employer, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative.

8) The list of mandatory terms of the employment contract is not exhaustive. So, according to part 4 of article 282 of the Labor Code of the Russian Federation, a prerequisite for an employment contract concluded with a part-time job is an indication that the work is part-time. When concluding an employment contract for the performance seasonal work it, by virtue of Article 294 of the Labor Code of the Russian Federation, should include a condition on the seasonal nature of the work.

It should be borne in mind that if, when concluding an employment contract, any information or conditions provided for by labor legislation were not included in it, this cannot be a basis for recognizing the employment contract as not concluded or terminating it. In this case, the employment contract must be supplemented with missing information or conditions. The missing information is included in the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties in writing.
The parties to the employment contract may establish additional conditions. Such conditions may include, for example, conditions on the establishment of a probationary period when hiring, on additional holidays in excess of those stipulated by law and the collective agreement, etc. If the parties include additional conditions in the content of a particular agreement, then they automatically become mandatory for their implementation.
The employment contract may contain conditions for non-disclosure by the employee of information constituting an official or commercial secret. become known to the employee in connection with the performance of his duties. A specific employment contract must clearly indicate what information containing official or commercial secrets is entrusted to this employee.

An employment contract, like any official document, must be properly executed. Today it is the main act establishing labor Relations between employee and employer. Conditions that restrict the legal rights of employees are invalid from the moment they are included in the contract. However, the employment contract itself, despite violations, continues to be valid for the parties.

At the conclusion, the employee and the employer must come to an agreement on several points, which include: labor function, working conditions, working hours and rest time, the amount and procedure for paying wages (Article 56 of the Labor Code of the Russian Federation). In addition, the contract must indicate the mandatory information about the employee and the employer (full name, name of the organization, TIN, etc.), which allow the parties to be identified ( part one, art. 57 of the Labor Code of the Russian Federation). Information must be entered correctly and in accordance with supporting documents. Also, any contract must contain mandatory conditions ( part two of Art. 57 of the Labor Code of the Russian Federation).

certain unified form there is no employment contract, unless the employee is the head of the state or municipal institution, for which now there is a standard form approved by Decree of the Government of the Russian Federation dated April 12, 2013 No. 329 “On the standard form of an employment contract with the head of a state (municipal) institution”.

When drawing up an employment contract with an employee, it is imperative to take into account the requirements for the content of the employment contract specified in Art. 57 of the Labor Code of the Russian Federation. Consider these requirements and analyze the common mistakes employers make in the content of an employment contract. Conditionally the entire art. 57 of the Labor Code divides the content of the employment contract into three parts:

Mandatory information about the employee and the employer;

- mandatory conditions;

- additional conditions.

Mandatory information about the employee and the employer, the presence of which in the employment contract is required by Art. 57 of the Labor Code of the Russian Federation, calmly fit into the preamble to the employment contract. I would like to draw attention to the fact that the TIN is indicated only by the employer, and at the end of the employment contract there will be only signatures of the parties. Also, many in the preamble to the employment contract include only general information about the employee and the employer, but digital information in the form of the TIN of the employer, the passport data of the employee is taken out at the end of the employment contract.

The next condition is mandatory terms of the employment contract, which I would like to dwell on in more detail. The first prerequisite is the place of work, it must be in every employment contract, however, as practice shows, many employers do not understand what a “place of work” is and how it should be indicated in an employment contract. Indeed, if we turn to the labor code, then it does not disclose the concept of "place of work", the only thing that is said in Art. 57 of the Labor Code of the Russian Federation, if an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another locality, it is necessary to indicate the name of the structural unit and its location.

The place of work is the organization in which the employee works, but it has already been said that in practice, many make mistakes when indicating the place of work. For example, in one organization, the following was indicated in the employment contract with the employee: "Place of work - Moscow region, Leninsky district." Nothing but a smile such an example does not cause. This immediately begs the question of how the employer will involve him in disciplinary action in case of being late, absenteeism, etc. Another option - in the employment contract it was indicated that the place of work was the organization "X", Moscow, st. Sadovaya, house 8, 6th floor, office No. 5. In this example, we are not talking about the place of work, but most likely the workplace of the employee.

The concept of a workplace is given in Art. 209 of the Labor Code of the Russian Federation, a workplace is a place where an employee must be or where he needs to arrive in connection with his work, and which is directly or indirectly under the control of the employer. Here I would like to draw attention to the fact that, in accordance with Art. 57 of the Labor Code of the Russian Federation, a workplace is an additional condition of an employment contract, which may be indicated in the contract or may be absent from it. Moreover, if the organization rents premises for offices, there is a possibility of moving, then it is not recommended to directly indicate the workplace in the employment contract. Since, if you need to move to a different address, you will have to ask the consent of all employees or go through the procedure for amending the employment contract under Art. 74 of the Labor Code of the Russian Federation, i.e. with 2 months notice.

According to A.I. Stavtseva, the workplace is a section of the production area, equipped with equipment, fixtures and tools with which the employee performs his labor function. The author believes that the workplace cannot be established by an employment contract, since it is not the subject of the will of the parties to the contract, but is determined by the administration solely "in the interests of the operational management production activities". This definition was relevant at one time, and today it can leave even service workers, representatives of small and medium-sized businesses without a job.

And so, based on the above, we can conclude that the place of work is an organization and it is enough to indicate its name in the contract. And to specify or not, the workplace in the employment contract, as an additional condition, is already a matter of choice for each specific employer.

The next prerequisite is the labor function. The legislator defined the concept of a labor function as follows: it is work by position in accordance with the staffing table, profession, specialty indicating qualifications, a specific type of work assigned to the employee (part 1 of article 57 of the Labor Code of the Russian Federation).

The condition on the labor function of the employee is mandatory for inclusion in the employment contract. In accordance with Part 2 of Art. 57 of the Labor Code of the Russian Federation, is work by position in accordance with the staff list, profession, specialty, indicating qualifications; specific type of work assigned to the employee. A similar definition of the labor function is given in Art. 15 of the Labor Code of the Russian Federation, according to which labor relations are recognized based on an agreement between the employee and the employer on the personal performance by the employee of a labor function for payment. Art. 56 of the Labor Code of the Russian Federation.

A lot depends on how competently and completely when concluding an employment contract the labor function and its content are determined. If an employee is dismissed for failure to perform some labor duties and an individual labor dispute is referred to the court, then it is the employer who will have to prove that the duties not performed by the employee were related to his labor duties, which he undertook to perform at the conclusion of the employment contract. And as practice shows, it is not always easy to do this when the labor dispute is already in court.

The correct and complete definition of the labor function and its content (labor duties associated with work on a specific labor function) in the employment contract is important for both the employee and the employer. It is for the purpose of performing a certain labor function that an employment contract is concluded. An employee enters into an employment contract intending to perform certain work in a certain profession, specialty, qualification and receive fair remuneration for this work.

Particular attention should be paid to the name of the labor function of those employees whose work is associated with the provision of benefits and restrictions specified by law. For example, the right to a preferential pension, for these workers, without fail, the name of the position (profession, specialty) must correspond to the name in the qualification directories of positions.

In turn, the employer, entrusting the employee with specific work, has the opportunity to control its implementation, and in case of non-fulfillment, it has the opportunity to bring the employee to disciplinary responsibility.

Failure by the parties to the employment contract to agree on the obligations of the employee, which he must perform in accordance with his labor function, leads to the fact that, on the one hand, the employer, abusing, imposes on the employee the performance of duties that are not related to his labor function and not previously agreed by the parties. On the other hand, the employee refuses to perform any duties, indicating that they were not assigned to him at the conclusion of the employment contract.

The next mandatory condition of the employment contract is the date of commencement of work., and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances, reasons that served as the basis for concluding a fixed-term employment contract. I would like to note that today nothing prevents the employer from concluding an agreement, for example, November 15, 2013, this date will be the date of signing the employment contract, in which the start date of work will be specified much later, for example, March 1, 2014. But, the date of commencement of work earlier than the signing of the contract, perhaps only by three working days, and only in the case of the actual admission of the employee to the performance of duties with the knowledge or on behalf of the employer.

According to Art. 67 of the Labor Code of the Russian Federation, in this case, the employment contract is considered concluded, but it must be executed in writing no later than 3 working days from the date the employee is actually admitted to work.

Another mandatory condition of the employment contract is the condition of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). What are the most common mistakes employers make here?

Firstly, there are still employers who believe that it is enough to indicate the phrase “wages according to the staff list” in an employment contract, which is a violation. An employment contract with an employee must specify the size of the tariff rate or salary. In the event that the organization has a system of allowances, additional payments of a compensatory or incentive nature, established with the relevant provisions on remuneration, provisions on bonuses, a reference to these LNA must be made in the employment contract. But here, too, organizations make mistakes, for example, the phrase in the employment contract reads as follows: “The official salary is 20,000 rubles, and the employee can also receive incentive payments provided for by the Regulation on the remuneration of the organization.” The error is as follows, firstly, in the case of checking the organization tax office, what provision on remuneration or bonuses should the inspection open in order to understand that the organization could legitimately take into account in labor costs if the details of the LNA are not visible from the employment contract.

Secondly, if the organization had one Regulation on remuneration with good allowances, bonuses for employees, let's say from February 15, 2012, and now the employer decided to change the Regulation for the worse for employees. Will the employer ask the consent of the employees if there was a phrase in the employment contract that “an incentive payment is paid in accordance with the Regulations on the remuneration of the organization” - no, since nothing has changed in the employment contract.

The employer needs to prescribe the conditions for the payment of allowances, bonuses, etc. in the employment contract, and if the organization follows the path of a reference norm to the LNA, it is imperative to indicate its details, date and number (the date of the LNA is the date of their approval). Then the tax authorities understand and state inspection on labor, that the employer has established wages in the employment contract without violating the rights of employees.

Another important point related to the condition of remuneration is the establishment of salaries and tariff rates for employees and their relationship with the minimum salary. Back in 2007, Russia passed a reform of the minimum wage, as a result of which, in labor code Art. has been changed. 129 and 133 of the Labor Code of the Russian Federation. The changes led to the disappearance of the norms from the Labor Code, which provided that the size of the official salary, the base salary in the public sector or the tariff rate of an employee who has fully worked monthly rate working time, fulfilled his labor duties and labor standards, cannot be lower than the minimum wage established by the Federal Law. These norms were excluded from the Labor Code. Starting from September 1, 2007, the Labor Code of the Russian Federation states that not the official salary or tariff rate, but the monthly salary of an employee who has fully worked out the norm of working hours for a month and who has fulfilled labor standards (labor duties) cannot be lower than the minimum wage. Despite the change in the law, workers often challenged the establishment of their salaries in an amount that is below the minimum wage.

Federal Law No. 336-FZ of December 2, 2013 “On Amendments to Article 1 of the Federal Law “On the Minimum Wage”” established the minimum wage from 01/01/2014 in the amount of 5,554 rubles per month. For 2013, its size was 5,205 rubles.

The MOT is used for:

Regulation of wages;

Determining the amount of benefits for temporary disability, pregnancy and childbirth;

And also for other purposes of compulsory social insurance.

Despite the change in the law, workers often challenged in court the establishment of salaries below the minimum wage.

Also, pursuant to Art. 136 of the Labor Code of the Russian Federation in an employment contract, it is necessary to prescribe the conditions for cashless way payment of wages, if any, in the organization. Here we will talk about the terms of payment of wages. In accordance with Art. 136 of the Labor Code of the Russian Federation, wages must be paid at least every half a month a day, determined by rules internal labor regulations, collective agreement, labor contract. Terms for payment of salaries should be chosen in such a way that between each payment there was no more than half a month.

In 2009, Rostrud, in a letter dated November 30, 2009 No. 3528-6-1, clarified this issue using the example of paying salaries to part-time workers and noted that the provisions of Art. 136 of the Labor Code are imperative, i.e. are mandatory. Labor legislation does not provide for any exceptions to the established rule, and it does not matter where the employee works at the main place or part-time.

The next condition is the regime of working time and rest time. Here you should pay attention to the fact that the mode of working time and rest time becomes a mandatory condition of the employment contract only if it differs from the general rules in force for this employer, which should be indicated in the internal labor regulations of the organization. Here, unfortunately, employers also make mistakes when the internal labor regulations indicate the standard working hours, but in fact, employees of many structural divisions work in completely different modes ( shift work or providing staggered days off).

All possible modes of working time should be fixed in the internal labor regulations. The employee in the employment contract only specifies which of the regimes listed in the internal labor regulations will apply to him.

In addition, mandatory conditions of the employment contract are compensation for hard work and work with harmful, dangerous working conditions; the mode of time of work and rest (if the employer has an individual one for this employee); a condition on compulsory social insurance of an employee and some other conditions provided for by labor legislation.

Taking into account the specifics of the personality of the employer or employee, it is possible to single out contracts concluded with women and persons performing family responsibilities, with minors, religious organizations, and with employers - individuals.

By the nature of labor activity, it is possible to distinguish employment contracts with teaching staff, heads of organizations and members of their collegial executive bodies, professional athletes and coaches, creative workers, transport workers, medical workers and persons working in organizations of the Armed Forces of the Russian Federation and federal bodies executive power.

As for the place of application of labor, they distinguish employment contracts with persons working on a rotational basis; workers employed in the regions of the Far North and areas equated to them, homeworkers, employees of representative offices of the Russian Federation abroad.

Not so long ago, the adopted law amending the Labor Code of the Russian Federation finally regulated the legal status of workers performing their duties outside the office.

Prior to the appearance of a separate chapter in the Labor Code, persons working remotely were equated, in terms of the specifics of regulating labor relations with them, to homeworkers.

Now there are all grounds for distinguishing between home and remote work.

On April 19, 2013, Federal Law No. 60-FZ of April 5, 2013 “On Amendments to Certain Legislative Acts of the Russian Federation” came into force, in accordance with which a new chapter was introduced into the Labor Code of the Russian Federation. 49.1, dedicated to the regulation of the work of remote workers. The federal law regulated the relations that have developed in modern practice, when employers hire employees who work without being in premises owned by employers. If earlier such employees were most often registered by employers as homeworkers, now there is a separate chapter in the Labor Code of the Russian Federation, which provides for the features of labor regulation for this category of workers.

According to Part 1 of Art. 312.1 of the Labor Code of the Russian Federation remote work is the performance of a labor function defined by an employment contract outside the location of the employer, its branch, representative office, other separate structural unit (including those located in another locality), outside a stationary workplace, territory or facility, directly or indirectly under the control of the employer , subject to the use for the performance of this labor function and for the interaction between the employer and the employee on issues related to its implementation, public information and telecommunication networks, including the Internet.

From this definition There are two main features of remote work. Firstly, such work is performed outside the location of the employer, his separate subdivision outside a fixed workplace, territory or facility directly or indirectly under the control of the employer. This feature distinguishes teleworkers not only from workers working at the employer's site (office), but also from home workers working from home, since the worker's home can in this case be considered a place indirectly under the control of the employer. It's fair to say that teleworkers basically don't have a job in the legal sense of the word.

Secondly, the second sign of remote work is the use of public information and telecommunication networks (including the Internet) to perform the labor function and interact with the employer. This feature can be considered secondary, since the use of public networks is typical for many types of work performed at the employer's facility.

An employment contract with a homeworker must specify:

1) the nature of the work - home work;

2) place of work - the name of the employer;

3) place of performance of the labor function (place of work) - the address of the employee's residence;

4) the procedure and terms for providing homeworkers with raw materials, materials and semi-finished products by the employer and (or) the amount and procedure for paying compensation for the use (wear and tear, depreciation) of equipment, tools, materials belonging to the homeworker and used in the performance of the labor function, as well as the procedure for reimbursement of expenses, related to their use (Article 188 of the Labor Code of the Russian Federation);

5) the procedure and terms for the export of finished products;

6) the procedure for payment for manufactured products or the conditions for remuneration of labor, taking into account the place of performance of the labor function.

Depending on the terms of validity, there are fixed-term employment contracts and those concluded for an indefinite period. An employment contract may be concluded for a period not exceeding five years. A fixed-term employment contract is concluded in cases where the establishment of labor relations for an indefinite period is impossible due to the nature of the work to be performed or the conditions for its performance. Although, by agreement of the parties, a fixed-term employment contract may be concluded without taking into account the nature of the work to be done, the conditions for its implementation. If the term of the employment contract is not defined in the document itself, then the contract is considered concluded for an indefinite period. If an employment contract is concluded for a fixed period without sufficient grounds, then by a court decision it may be considered concluded for an indefinite period.

Conclusion fixed-term contract the employer may pursue the goal of avoiding granting the rights and guarantees of employees under contracts for an indefinite period, but this is prohibited by law. Part 4 Art. 58 of the Labor Code of the Russian Federation: “In the event that none of the parties demanded the termination of a fixed-term employment contract due to the expiration of its validity period and the employee continues to work after the expiration of the employment contract, the condition on the urgent nature of the employment contract becomes invalid and the employment contract is considered concluded For undefined period".

Article 59 of the Labor Code of the Russian Federation regulates in detail the conditions for concluding a fixed-term employment contract. So, a fixed-term employment contract is:

- for the duration of temporary work, the duration of which does not exceed two months;

- for the duration of the performance of the duties of an absent employee, for whom the workplace is retained;

- with persons sent to work abroad;

- for the purpose of performing seasonal work, when due to natural conditions work can only be done for a certain period;

- to perform work that goes beyond the normal activities of the employer, work related to the temporary expansion of the volume of services or production provided;

- with persons who are accepted to perform certain work in cases where its completion cannot occur by a specific date;

- with persons working in an organization created for a certain period or to perform certain work;

- to perform work directly related to vocational training and internship of an employee;

- in case of election for a certain period to an elective position or a member of an elected body;

— with citizens undergoing an alternative civil service;

- with persons who were sent to temporary and public Works employment service authorities;

- as well as in other cases provided for by federal law.

In addition, a fixed-term employment contract may be concluded by agreement of the parties:

- for employers - small businesses, the total number of employees of which does not exceed 35 people (in the field of retail and consumer services - 20 people);

- in organizations located in the regions of the Far North and areas equivalent to them, if this requires moving to the place of work;

- with pensioners by age;

- with persons who, on the basis of a medical report for health reasons, are only allowed to work of a temporary nature;

— for the implementation urgent work to prevent accidents, accidents, catastrophes, epidemics, epizootics, to eliminate the consequences emergencies;

- with creative workers;

— with full-time students;

- with heads, deputy heads and chief accountants of organizations, regardless of ownership;

- with persons entering a part-time job, as well as in some other cases.

Mistakes made by employers when concluding an employment contract can be conditionally divided into the following:

- failure to enter the necessary information about the employee and (or) employer into the contract;

– technical errors distorting the data;

- the absence of certain mandatory conditions.

The law establishes that even if the employment contract lacks some mandatory information, this does not give the right to recognize it as not concluded or invalid (Article 57 of the Labor Code of the Russian Federation). That is, the contract continues to be valid even if it does not indicate, for example, the TIN of the employer, the place of conclusion of the employment contract, or it is not sealed, etc.

It is important to remember that neither the employee nor the employer can arbitrarily change the terms of the employment contract unilaterally. Prior to the amendments to the Code, which came into force on October 6, 2006, the employer had the right, by warning the employee two months in advance, to change essential conditions labor. Now there is no such concept in the Labor Code, but there is Art. Article 72, regulating the change of the terms of the employment contract determined by the parties.

Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing. Exceptions are simple and force majeure circumstances, such as: natural or man-made disasters, industrial accidents, industrial accidents, fires, floods, famines, earthquakes, epidemics or epizootics, and in any exceptional cases that endanger life or normal life the conditions of the entire population or part of it. In these cases, the employee may be transferred without his consent for a period of up to one month to work not stipulated by the employment contract with the same employer in order to prevent these cases or eliminate their consequences.

From the foregoing, we can conclude that an employment contract gives rise to individual rights and obligations of the parties - the employer and the employee within the framework of the labor relationship mediated by it. The terms of an employment contract determine, in the general case, the behavior of two subjects and are not of a normative, universally binding nature. But this is the case if we consider a specific employment contract. At the same time, if we turn to any set of individual labor contracts (for example, within a production team or workshop), then their conditions create a certain system of interacting (corresponding) rights and obligations. And not only along the "vertical": employee - employer, but also along the "horizontal": employee - employee. At the same time, since the totality of the rights and obligations of the general labor process creates a certain legal regime that determines the behavior of employees ... then there are grounds to attribute the employment contract to the number of elements of the system of sources of labor law. The significance of an employment contract as a source of law is also confirmed by the requirement of the legislation on the need to conclude it exclusively in writing.

An employment contract is a document that has legal force only if there is certain conditions. This is the main document that regulates the relationship between the employee and the employer. Therefore, it must be drawn up in full compliance with the law.

At the conclusion labor contract both the employee and the employer must come to an agreement that addresses several points:

• performance by the applicant of a labor function;
• his working conditions;
• payment for his work - the order and amount of wages;
• mode of work and rest.

This is stated in Art. 56 of the Labor Code of the Russian Federation.

In addition, a mandatory condition of the employment contract are:

• Information about the employer:
  • full name with indication of organizational - legal form;
  • the document on the basis of which the employer carries out its activities;
  • full name and position of the head;
  • sometimes indicate TIN and OGRP.
• Employee information:
  • full name;
  • passport data - date of birth, series and number of the passport, subdivision code, by whom and when issued, address of residence and place of registration, if they do not match.

There is no unified form of employment contract (except for contracts with state and municipal employees). But when it is concluded, certain conditions must be observed. Mandatory conditions of the employment contract are determined by Art. 57 of the Labor Code of the Russian Federation.

Information about the employee and the employer is indicated in the preamble. Here it is necessary to indicate the date and place of conclusion of this document.

Another mandatory condition of the employment contract is the place of work of the new employee. The concept of "place of work" is not disclosed in the labor legislation. If an employee goes to work in a branch or representative office, then this must be indicated.

It is also mandatory to indicate the labor function of a particular employee, that is, the duties that he will have to perform in accordance with the position. An employment contract can only specify general labor duties. More fully they need to be stated in the job description. The further work of the new employee depends on the full and clear definition of the labor function.

The next mandatory condition is the start date of work, that is, the date when new employee actually allowed to perform their labor functions. The date of signing the employment contract and the date of commencement of work do not always coincide. Often, in order to start performing their labor functions, an employee needs to undergo a mandatory medical examination.

The conditions of employee remuneration are also a prerequisite. The employment contract must indicate the salary of the new employee or the size of the tariff rate, but in full accordance with the staffing table. The size of the tariff rate or salary must be indicated in numbers, and then (in brackets) in words.

If an employee works in difficult climatic conditions or in hazardous production, then the law provides for compensation. Its size must be specified in the employment contract.

The procedure for concluding an employment contract

Despite the fact that the procedure for concluding an employment agreement with a new employee is clearly regulated by modern legislative norms, practice shows that various errors and violations are still encountered in this matter.

The main purpose of the signing by the parties of a formal employment contract is to streamline the emerging relationship and fix the most important points that characterize the future professional activity. That is why the employment contract is always drawn up in writing.

If we talk about the main stages of the procedure for signing an employment agreement, these include the following:

1. Preliminary stage. Here, the employer, after the first acquaintance with the future employee, must draw the most objective conclusions about whether he is suitable for the existing vacant position, whether his candidacy meets the established requirements, etc. Maximum attention should be paid even to such an indicator as the age of the applicant. In accordance with the established rules, the opportunity to work in our country appears at the time of reaching 16 years.
2. Main stage. Here begins the main procedure for concluding a pre-prepared labor agreement. First of all, the employee himself should be carefully familiarized with the contents of the document. If his future work activity in this institution is characterized by the presence of some features, for example, constant traveling, the employee must be informed about this in advance.
   Some additional procedures may be included in this stage, provided that their passage is really necessary for the further work of a citizen. One of the most common examples would be a prospective employee undergoing a medical examination. Modern legislative norms establish a list of special categories of employees for whom preliminary inspection during employment is mandatory.
3. The next important procedure will be the provision by the employee of all the necessary documents for concluding an employment contract. The list of such securities is established at the legislative level.
4. After the settlement of all the above issues, the parties can proceed to the main stage, namely, the signing of an employment contract. This document is always drawn up in two copies, one of them remains with the employer, while the other is handed over to the employee.

It should be noted that the moment of signing the employment agreement is not the final stage in the employment procedure. In particular, the obligations of the employer will include the formation of other documents, the main of which is the order to accept a new employee for a particular position.

Information provided by the employee for the conclusion of an employment contract

In accordance with established requirements the duties of an employee for signing an employment contract will only include the provision of one main document, namely, his passport for identification. This is necessary in order to include the following data in the agreement:

• number and other individual characteristics of the passport itself. Current regulations require that this information must be included in absolutely every employment contract;
• Name of the future employee. This is the basic information that should also be included in any employment agreement, regardless of the future position of the employee, as well as other factors.

It should be noted that the employee's passport will be enough only to sign an employment agreement. However, to start professional activity the direct duties of the employee will include the provision of other additional documents to his employer. The list of such securities was established by the current labor legislation. The main ones include the following:

1. Documents confirming the fact that the future employee has any education - diplomas, etc. This also includes additional papers confirming, for example, the fact that a citizen has completed advanced training courses, various trainings, etc.
2. Certificate of registration in local branch tax office.
3. SNILS employee.

In some cases, the duties of the future employee will include the provision of other additional documents. For example, if we are talking about a man, the employer may require him to have a military ID. Often, the list of required papers presented during employment includes documentary evidence of the fact of passing a medical examination, etc.

All Required documents the employee will be required to submit even before the start of his professional activity in new organization. If, for any reason, the subordinate refuses to provide the papers required by the employer, the latter will have the legal right to refuse employment.

Additional terms of the employment contract

In addition to the basic conditions that must be present in each employment contract, the legislative norms have also established the possibility of including some additional information in this document. This information can be a variety of information. The main thing is that it should be directly related to the professional activities of the employee, as well as to his rights and legitimate interests.

To the most common additional information most commonly found in modern labor agreements, include the following:

1. Probation information. In accordance with the current labor standards, it is a special time period during which the employer can "take a closer look" at the employee and draw the appropriate conclusions about whether this employee is suitable for future work or not. Any employer has the legal right to establish a probationary period. The main thing is that they are observed various rules that apply to this issue. In addition, the subordinate himself must be familiar with the fact of the existence of a preliminary test period. It should always be remembered that hiding such information from a future employee is a serious violation on the part of the employer.
2. On the need to sign an additional contract regarding health insurance. Definitely signing. this document is entirely in the interests of the employees themselves. After signing, the employee will have a legal right to use some free medical services in certain institutions with which the employer previously concluded a special agreement. However, despite the fact that voluntary health insurance is only beneficial for employees, each of them must be warned about this option during their employment in the organization.
3. On the provision of various benefits and additional amenities to employees during their work in this organization. The most common example, in this case, would be providing a subordinate with a service apartment. Of course, this option is a serious bonus for the employee. That is why he should be warned about this fact in advance.
4. About some additional obligations that may be assigned to an employee, including the time after his dismissal from the organization. The most common such obligation is to keep a company's trade secrets. In this case, the employer can specify a certain time period during which the employee will not have the legal right to disclose confidential information after dismissal. In addition, the employee must have a clear idea of ​​what will happen if the above rule is violated. Here, the employer will need to include in the employment contract information that he will be able to make formal claims against his former employee.

It should be noted that the current regulations do not limit the list of additional conditions that may be included in an employment contract. Therefore, the employer may put some other information there if necessary. The main thing is that they do not contradict existing rules and do not violate the interests of employees. Otherwise, the agreement previously concluded by the parties will be invalidated.

An employment contract is the main document regulating labor relations between an employee and an employer. And at the same time, this document carries significant risks for the employer in case of violation of the requirements for its preparation and content. Therefore, it is extremely important for the employer to draw up this contract correctly.

In fact, there are not many requirements in labor legislation that apply to employers when drawing up an employment contract. But, as noted earlier, it is extremely important to comply with them. Indeed, for the incorrect preparation of an employment contract, the law provides for separate liability. This is stated in Part 3 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, liability is expressed (in particular) in the form of a fine for legal entities in the amount of 50,000 to 100,000 rubles. At the same time, it is important to take into account that during inspections, the inspection body often attracts the employer for each incorrectly drawn up document separately. In this regard, the fine for such a seemingly insignificant violation can amount to hundreds of thousands, given the fact that employers make mistakes precisely when developing standard form contracts, respectively, subsequently these errors are present in employment contracts with all employees.

In this article, we will analyze the conditions that must be contained in an employment contract without fail. If the employer correctly indicates at least the mandatory conditions, the risk of bringing to administrative responsibility will already be minimal.

So, the main article that regulates what should be spelled out in an employment contract is article 57 of the Labor Code of the Russian Federation. Let's dwell on it in more detail.

Article 57 of the Labor Code of the Russian Federation divides the employment contract into two parts: mandatory information and mandatory conditions. Information in this case refers to information about the employee and the employer, as well as information about the time and place of the conclusion of the contract. Conditions mean what the parties agree on.

The following information is required to be included in the employment contract:

- about the employer - the name of the employer (surname, name, patronymic of the employer - an individual and information about his identity documents), taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs), information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the relevant powers;

- about the employee - last name, first name, patronymic of the employee; information about the documents proving the identity of the employee;

- the date and place of conclusion of the employment contract.

These are required by law. Of course, in practice, employers are not limited to this and include in the employment contract a lot of additional information both the employer and the employee. Including additional information about the employer does not carry any risks. Care must be taken when including additional information about the worker. It is necessary to pay attention to the fact that, including information (which is not defined by law as mandatory), it is important to comply with the legislation on personal data, according to which, their processing is allowed only with the written consent of the employee. That is, before including information about the place of residence, place of birth, date of birth, telephone number, etc., into the employment contract, the employer must first obtain from the employee a written consent to the processing of personal data, drawn up in accordance with all the rules of the law.

Now consider the mandatory conditions that should be in every employment contract. So, the following conditions are mandatory for inclusion in an employment contract.

1. Place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location.

Please note that the law does not determine how in detail the place of work of the employee, the location of a separate structural unit should be indicated. That is, the employer can limit himself to only the name locality(for example, Moscow), or it can indicate the place of work in detail, up to the street, house, office, etc. However, the possibility of moving the employee and the possibility of bringing him to disciplinary liability for disrespectful absence from the workplace depends on how detailed the place of work is indicated.

2. Labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of assigned work). If, in accordance with the Labor Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must comply with the names and requirements, specified in the qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards.

This is one of the most significant terms of the employment contract. Please note that the law does not disclose how detailed the labor function must be specified. But an important condition is that the labor function must be specified in the employment contract itself. Considering that the labor function actually consists of 2 parts (the name of the position and the type of work assigned to the employee), many employers make mistakes. Very often there is a case when part of the labor function, namely official duties employee, are prescribed in the job description, which is drawn up separately from the employment contract. This is a violation, since in fact the employment contract itself does not contain a condition on what kind of work the employee should perform.

Therefore, there are several options for the formulation of this condition. In particular, the job responsibilities of an employee can be spelled out in the very text of the employment contract, or they can be placed separately in the job description, but it is important to indicate that such job description is an integral part of the employment contract.

3. The date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code or other federal law.

An important point in this condition is the need to justify the conclusion of a fixed-term employment contract, in strict accordance with Art. 59 of the Labor Code of the Russian Federation. If this requirement is not met, there is a risk of recognizing a fixed-term employment contract as a contract concluded for an indefinite period. Accordingly, the employer will no longer have the right to terminate the employment contract with the employee on the basis of the expiration of the employment contract.

4. Terms of remuneration, including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments.

It is important to specify exactly the size of the salary or hourly tariff rate. In addition, it is recommended to at least name those payments that are provided for in the local regulations of the employer. The criteria themselves and other conditions for the payment of the incentive part of wages are recommended not to be indicated in the contract itself, but in local regulations that establish the wage system.

It is also important to note the importance of specifying payroll dates. This requirement to date, Art. 136 of the Labor Code of the Russian Federation. However, from October 3, 2016, employers can choose where to register this condition: in labor or in collective agreement. But at the same time, the requirement to indicate this condition in the internal labor regulations remains unchanged.

5. The mode of working time and rest time (if for this employee it differs from the general rules in force for this employer).

If the working hours do not differ from the general rules established by the employer, this condition may not be in the contract. However, in order to minimize possible risks it is still recommended to indicate that the working hours are established in accordance with the internal labor regulations.

6. Guarantees and compensation for work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace.

The condition is mandatory if the working conditions at the employee's workplace are recognized as harmful and (or) dangerous. The scope and nature of guarantees depends on the hazard class determined by the results special evaluation working conditions or certification of workplaces.

7. Conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work).

It is mandatory if the employee actually works in such conditions. In addition, it is more expedient for the employer to establish this condition if the employee actually periodically makes business trips so as not to arrange a business trip.

8. Working conditions at the workplace.

The condition is mandatory in all cases, including when, according to the results of a special assessment of working conditions or certification, working conditions are recognized as acceptable or optimal.

9. Condition on compulsory social insurance of an employee in accordance with the Labor Code and other federal laws.

It is important to consider that it is necessary to indicate all mandatory types of insurance that are provided for by law.

10. Other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

These include the condition on the norms for issuing flushing and neutralizing agents, the condition on permits to work and medical insurance (for foreign workers) and others (depending on the characteristics of employees).

The indication of the above conditions will already significantly reduce the risk of the employer during the passage of both scheduled and unscheduled inspections. Of course, you can specify other conditions in the employment contract, they are also listed in Art. 57 of the Labor Code. But additional conditions are not mandatory, and for the fact that the employer does not include them in the contract, there is no responsibility (at least from the side of the inspection bodies). However, it is important to take into account one more point. In the event that the employer decides to include an additional condition in the employment contract (in addition to the mandatory conditions), it is necessary to make sure that this condition does not worsen the situation of the employee compared to current legislation. Otherwise, such a condition may be invalidated, and additional questions may arise for the employer from the supervisory authorities.

Yuzhalin Alexander Consultant of the Valentina Mitrofanova group of companies, leading specialist in the field of labor legislation and personnel records management