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Drawing up an employment contract with the employee. Employment contract sample completed. Essential and Additional Terms

Employment contract is a legal agreement between an employer and an employee. The only document on the basis of which comes into force labor law are its basic rules.

Form of employment contract for employment in 2019

The employment contract prescribes the conditions that will accompany the work activity of the employee, the relationship between the employee and the employer on the basis of labor law and internal regulations of the employing organization

Types of employment contracts

Employment contracts may be concluded:

for a certain period (no more than five years) or for the performance of certain work (urgent);
for an indefinite period (indefinite - the same as being hired for a permanent job).

By general rule The employment contract must be concluded for an indefinite period. The contract is considered to be:

if it does not specify the terms of its validity;
if at the end of the term of the fixed-term contract it was not terminated, and the employee continues to work;
If fixed-term contract concluded without good reason.

A fixed-term employment contract is concluded when the assigned labor activity short-term (seasonal, for example), or such an agreement cannot be concluded for an indefinite period. Such cases are provided for by law.

A fixed-term employment contract can be issued:

when someone is accepted in place of a temporarily absent employee, for whom the place is saved;
on seasonal work;
when work is supposed to be in the regions of the Far North and equated to them, if this is associated with a move;
to prevent or eliminate the consequences of catastrophes, epidemics and the like;
if the employee gets a job in a small business organization (up to 40 people), retail, household services(up to 25 people) or to an individual;
to work abroad;
for the implementation of temporary, unusual this enterprise works (commissioning, installation of equipment, expansion of production, etc.);
with pensioners, as well as people who, for health reasons, are required to work temporarily;
with a referral to temporary work (including public) from the employment service;
some other cases.

The content of the employment contract, conditions of conclusion

They can be divided into essential and optional.

Essential - mandatory conditions, in the absence of which the employment contract will not be considered concluded, and labor relations will not arise.
Optional - additional, the presence or absence of which does not affect the conclusion of the contract; these special conditions are included in the employment contract if necessary, desired and agreed by the parties.

A sample standard employment contract should contain:

Place of future work (name of organization; if the employee is accepted in structural subdivision, then its name and address).
Date of commencement of labor activity (usually this is the date specified in the contract; if the employee began his duties at the request of the employer ahead of the agreed date, the actual date of commencement of labor activity is put in the contract).
Job functions of the employee, according to his specialization, profession in accordance with the staffing of the enterprise. If there is no such position in the qualification directories, the organization has the right to enter it and describe it in detail; but here it is necessary to take into account that the prescribed benefits or restrictions on specialties and professions are associated with the titles of positions that are in qualification handbook RF.
Rights and obligations of the parties. It is more expedient to paint them specifically - with regards to the position of the employee and his labor functions In the organisation.
Working conditions: this applies to difficult, dangerous or hazardous work. This paragraph sets out the required benefits and compensations. Also, for employees of special categories (under 18 years old, nursing mothers and others), an individual contract is drawn up with a lighter regime of work and rest.
Salary. Here, in addition to the salary, allowances, additional payments, bonuses, etc. are stipulated - all this is established in accordance with the current legislation and the internal charter of the organization.
If the organization insures its employees, the types (medical, pension) and the conditions of this insurance related to the employee's labor activity are indicated separately.

In addition to the mandatory ones, additional clauses can be included in the employment contract, for example, on a probationary period, non-disclosure of any information, additional incentives for any labor achievements, etc. The main condition is that these additions do not in any way worsen the employee’s position regarding labor code.

Employment contracts are drawn up in two copies, signed by both parties.

Read our helpful guide to employment contracts. Use it to choose a form or download ready samples. We give mandatory and additional conditions, and tips for the employer.

In the article:

Download the right template from the experts. Look for more unique samples ⬇

How to choose the form of an employment contract

Article 56 of the Labor Code of the Russian Federation does not indicate the written form of the agreement. Therefore, not only the signing of a paper document, but also a simple admission to work is equated with the conclusion of an employment contract (part 3 of article 16 of the Labor Code of the Russian Federation). But after the actual admission to work, the contract must be drawn up in writing. Article 67 of the Labor Code of the Russian Federation recalls this.

information about the contracting parties,
terms and conditions agreed between the parties.

There is no standard form of an employment contract that is mandatory or recommended for all companies. Each employer has the right to independently develop a template for an employment contract for their employees. The main thing is to prevent violations in the content of this document.

Find out in the "Personnel System", how to create an employment contract template for an organization

There are standard employment contracts for a limited number of employees:

for heads of state institutions (the form was approved by Decree of the Government of the Russian Federation of April 12, 2013 N 329);
for employees of structural divisions of Russian Railways JSC;
for seafarers working as part of crews sea vessels and mixed navigation vessels flying the state flag of the Russian Federation;
for employees of microenterprises (the form was approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858).

Employment contract with an employee: sample 2018–2019

We have compiled for you a selection of the most popular examples of an employment contract. Download them to easily conclude employment contracts in 2018.

Employment contract with an employee (sample)

EMPLOYMENT CONTRACT No.

________________ "___" ______________G.

In the person of _________________________________________________________________________,
acting on the basis ___________________________________________________,
hereinafter referred to as the "Employer", on the one hand, and _______________________
________________________________,
hereinafter referred to as ____ "Employee", on the other hand, and together referred to as
The "Parties" have concluded this employment contract as follows:

1. GENERAL PROVISIONS

1.1. Under this employment contract, the Employer provides the Employee with work
by position _______________________________, and the Employee undertakes to personally
perform the specified work in accordance with the terms of this labor
contracts.

1.2. The employee is hired in _________________________________ department
organization of the employer.

1.3. Worker's place of work ________________________________________________ .

1.4. Work under this employment contract is for the Employee
________________________ (main, external (internal) part-time job)).

1.5. Working conditions at the workplace of the Employee __________________________________.

1.6. This employment contract is concluded on ________________________________
term.

1.7. This employment contract shall enter into force on the day the Employee is admitted to work,
determined by paragraph 1.8 of the agreement.

1.8. The date of commencement of work is _____________________________________________________.

1.9. The employee is set a probationary period of ______________
months in order to verify the compliance of the Employee with the assigned work.

All mandatory information is specified in the first part of Article 57 of the Labor Code of the Russian Federation.

1. Surname, name, patronymic of the citizen with whom we conclude an agreement.

Be sure to write in full, not in initials.

2. Name of the employer.

For an organization, first indicate the full name, and in brackets - a short one. Some organizations may not have a short name. If the employer is an individual, then simply indicate his last name, first name, patronymic in full.

3. Information about documents proving the identity of the employee and the employer - individual.

To conclude an employment contract, such a document can only be a passport of a citizen of the Russian Federation or a temporary certificate, which is issued at the time of reissuing a passport. For those who do not have Russian citizenship, such documents may be other documents (refugee certificate, residence permit, passport of a citizen of a foreign state, etc.).

4. TIN of the employer.

5. 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.

In organizations, as a rule, this is a director acting on the basis of the Charter. In representative offices and branches, this person may be the head of the branch, acting on the basis of an order or a local act. The sole proprietor himself is authorized to sign employment contracts.

6. Place and date of conclusion of the employment contract.

In the understanding of the law, the place of conclusion of the contract is the name locality where the employer is located. For more information on how to register a place of work, read the article>>

If an employment contract is concluded with a citizen of another country or a stateless person, then you must also provide information about the document:

which allows you to stay in the Russian Federation,
on the basis of which the employee will be provided health care during the term of the employment contract.

Attention! If you have already entered into employment contracts with employees, but did not include in the text any mandatory information provided for by the Labor Code of the Russian Federation, then this is easy to fix. The missing information must be entered by hand directly into the text of the contract (in both copies). After that, the entry made is certified by the signature of the employee and the representative of the employer. The editors of the magazine "Kadrovoe delo" analyzed 8 cases,

Table with prerequisites

In the "Personnel System" you will find the content of the employment contract - general information, mandatory and additional conditions

The Labor Code in Article 57 establishes a number of mandatory and additional conditions for inclusion in an employment contract.

Table. How to correctly formulate the mandatory terms of the contract

Please note that it is not necessary to include a section on the rights and obligations of the parties in the employment contract, and even more so this section should not be the main one.

Additional conditions: tips for the employer

The absence of additional conditions in the employment contract will not entail punishment for the employer. But they will make the contract more profitable for the company. The main requirement for such conditions is that they must not contradict current legislation and organizational documents.

The most common additional conditions

1. Test.

Article 70 of the Labor Code of the Russian Federation allows establishing a test at the conclusion of an employment contract. What does this give the employer? First, the employee works more diligently, striving to successfully pass the test. Secondly, there is an additional basis for the dismissal of an employee under Article 71 of the Labor Code of the Russian Federation.

But you need to take into account the limitations of the duration of the test period:

For heads of organizations and their deputies, chief accountants and their deputies, heads of branches, separate structural divisions - no more than six months.
For other employees - no more than three months.
For employees with whom the contract is concluded for a period of two to 6 months - no more than 2 weeks.

It is not necessary to set the upper bar of the specified duration. You can limit yourself to a month or two.

2. Clarification of the duties of the employee.

The contract can specify the obligations of the employee and the employer specified in the Labor Code of the Russian Federation, as well as the obligations arising from the terms of the agreements and collective agreement. For example, in an employment contract, you can include the duties of an employee:

notify of absence from work in case of illness;
notify about the intention to donate blood and the facts of donating blood for donors;
the need to come to workplace 15 minutes before the start of the shift;
treats equipment and office equipment with care;
comply with the dress code or other requirements of the corporate culture;
avoid harsh statements about colleagues and clients of the company, etc.

3. Additional grounds for dismissal.

For the bulk of employees, the grounds for dismissal at the initiative of the employer are listed in the Labor Code of the Russian Federation and are not subject to expansion. But additional grounds for termination of an employment contract can be provided with the following categories:

heads of the organization (clause 3 of article 278 of the Labor Code of the Russian Federation);
employees working for an employer - an individual (Article 307 of the Labor Code of the Russian Federation);
employees of a religious organization (Article 347 of the Labor Code of the Russian Federation);
remote workers (Article 312.5 of the Labor Code of the Russian Federation);
homeworkers (Article 312 of the Labor Code of the Russian Federation)

The Labor Code also allows the inclusion in the employment contract of conditions that improve the position of the employee. For example, article 292 of the Labor Code of the Russian Federation allows you to establish a severance pay for employees who have concluded an employment contract for a period of up to two months, although, as a general rule, they are not entitled to severance pay at all. And article 301 of the Labor Code of the Russian Federation allows you to prescribe in the employment contract a higher payment for days of rest between shifts.

An employment contract is not just a formally fulfilled requirement of the law. A well-written contract is able to protect the employer during inspections, helps to control the employee, and effectively organize his work.

Keep in mind that the incorrect execution of an employment contract is included in a separate offense of article 5.27. Code of Administrative Offenses of the Russian Federation. In accordance with paragraph 3 of this article, the fine for the organization will be 50-100 thousand rubles, for officials - 5-10 thousand rubles.

An employment contract is a written agreement between the parties, one of which will act as an employer, the other as an employee.

The agreement will fix the main points of the legal relations of the parties:

place of work,
salary,
schedule,
job responsibilities and other aspects.

A lot will depend on how competently and accurately the contract is drawn up. An agreement that is contrary to the basic requirements of the law may be declared invalid, and this, in turn, will entail a lot of trouble for both the employee and the company.

Employment contract: completed sample

At the beginning of the employment contract, its parties are indicated: the full name of the employee and the name of the employer's organization. The employment agreement must contain the following mandatory items:

Location, start date.

The name of the company or its structural subdivision, where the employee will be enrolled, is indicated as a workplace. Without his consent, transfer to another place will be impossible.
The date of work will be considered the day from which the employee began to perform his immediate duties. If an employee does not go to work within 7 days from the date of signing the contract without good reason, the contract with him may be terminated. The fixed-term contract will also indicate the expiration date of the contract.

The title of the position, which corresponds to the staffing table.

Working conditions, their description. In cases where employees are employed in harmful and difficult working conditions, the establishment of benefits and compensations, which are also prescribed in the labor agreement.

Probation. This describes the time of the probationary period, if one is assigned to the employee. Can be appointed for no more than 6 months for employees leadership positions, no more than 3 months - for all others. With an employee who has not passed probation, the contract can be terminated, of which the employee must be notified 3 days in advance, indicating the reason for terminating the agreement.

The probationary period is not assigned to pregnant women, minors, as well as employees who were invited to the position as a transfer

The test is not assigned to graduates of universities and other educational institutions accepted for work.

The amount of wages. The contract clearly states the amount of payment, and the procedure for payments. Local acts are indicated that regulate the payment of bonuses, allowances and various other incentive payments. The law provides for the payment of salaries at least 2 times a month.

Time of work and rest. The length of the working day, the number of days of annual paid leave must also be reflected in the contract. The provision is indicated additional holidays when an irregular working day is expected.

The duties of an employee. Here you should describe all the functions of the employee, the work that he will be required to perform.

Rules that govern the nature of work, as well as social security. The contract must include mandatory clauses that relate to activities for:

accident insurance,
payments in case of occupational diseases,
pension insurance, in cases of pregnancy and childbirth, temporary disability.

Details, signatures.

The surname of the employee, his first name and patronymic, passport details, address of actual residence, telephone number are indicated.
On the part of the employer, it is necessary to indicate the name of the company or organization, its registration data, address, telephone.

An employment agreement is signed by the head of the organization or another person who has the appropriate authority

The signature must be stamped. One copy remains with the employer, the other is given to the employee.

According to the signed labor agreement, the employer will be obliged to provide work and ensure the working conditions indicated in the contract, pay wages in full and exactly on time.

The employee, for his part, undertakes to conscientiously fulfill the duties assigned to him and follow the rules established by the company.

To draw up an employment contract, you will need a number of documents.

The employee must provide a passport, a document confirming education, SNILS, a military ID, work book.
If the employee gets a job for the first time, then the employer is obliged to have a work book.
Depending on the position to which the employee is assigned, a medical book, various certification documents may be required.
Many organizations require the provision of a TIN, although in Labor Code this requirement is not fixed.

The main aspects of the execution of an employment contract, its types

The contract can be concluded with persons over 16 years of age. With the consent of the parents, the age bar can be reduced to 14 years.

The contract is concluded in writing, two copies are made.

The standard form of the contract is not legally fixed, so firms and organizations have the right to develop their own forms of contracts.

An important condition must be observed - an employment contract, in principle, should not limit and infringe on the rights of citizens concluding it

The consent of the employee to worse working conditions will not matter: the employer does not have the right to violate the established norms.

Types of employment contracts
Employment contracts can be open-ended (concluded for an indefinite period), as well as fixed-term up to 5 years (with clearly defined terms and reasons for terminating the contract).

In most cases, it is an indefinite contract. If the contract does not stipulate the term of its validity, then it will also be considered indefinite.

A fixed-term contract can be concluded if the work is intended to be performed for a specific period of time and it is impossible to conclude an open-ended contract.

For example, it can be seasonal work or commissioning. At the same time, it is prohibited by law to conclude a fixed-term contract with an employee, while pursuing the goal of limiting the rights of the employee.

If, after the expiration of the fixed-term contract, none of the parties proposed to terminate it, then such an agreement acquires the status of a contract concluded for an indefinite period.

Employment contracts can be concluded both at the place of permanent main work, and part-time. A part-time contract implies that the employee will perform certain work during the time free from permanent work.

Maybe

internal part-time job (employer for the main job)
external part-time job (another employer).

It is also possible to conclude an agreement with a legal entity and an individual.

After signing labor agreement an order for employment is issued, with which you need to acquaint the employee against signature

The order will contain information reflected in the contract:

surname of the employee, his first name and patronymic,
date of commencement of duties,
job title,
payment amount.

It is this order that becomes the basis for calculating the salary of the employee.

Sample standard open-ended contract

Sample part-time contract download, free,

Sample standard contract urgent

An important document confirming the existence of an employment relationship between an employer and an employee is an employment contract. An important point when hiring is filling this document must be in every company, and before signing it, the employee has the right to familiarize himself with it. Without such an agreement, official labor activity in Russia is prohibited.

Definition

The essence of the employment contract can be considered from several sides. First, it is a labor agreement between the employee and the employer. Secondly, it is a title document, which is based on the nomenclature of cases related to the settlement of relations at work. Thirdly, it is a legal aspect that proves the occurrence or termination of labor relations.

The meaning of the contract is determined in order to indicate the conditions under which labor relations are possible. The presence of this document allows you to determine all the nuances associated with labor process, payment of salaries and other important issues. This is not only a guide to action, but also a support in defending your rights.

Classification

The type of contract will depend on the type of activity envisaged. Therefore, before starting work, it is mandatory to fill out which must be provided to the employee for review.

Employment contracts can be classified as follows:

agreement on the main place of work;
an agreement for those accepted on a competitive basis;
combination;
agreement for up to 2 months;
employment agreement with an individual;
work at home;
an agreement with an out-of-staff employee;
Contract;
seasonal work agreement.

In addition, there are contracts based on time periods:

urgent, where a certain period of employment is expected;
perpetual, assuming for an unlimited period;
part time.

Also, in addition to listed species agreements, there is a so-called collective agreement. It has autonomous legal force and is a document approved by general meeting labor collective. At such a meeting, the main provisions can be adopted this agreement that are not included in the standard contract, the question of hiring or firing an employee, etc., may be raised.

Fixed term contract

When an employment relationship cannot be concluded for a number of reasons, a fixed-term employment contract is drawn up. A sample of such an agreement should be provided to the employee to familiarize himself with the main nuances of the work itself. The nature and conditions of work under such an agreement are clearly spelled out in Art. 59 of the Labor Code of the Russian Federation.

A fixed-term employment contract may be concluded only by agreement of the parties. This means that if for some reason an employee wants to sign a contract for an indefinite period, the employer cannot refuse him. And if the refusal is nevertheless received, then it should be based on professional qualities employee, checked during the probationary period.

If the agreement does not specify the period of its validity, then automatically such a document becomes indefinite. And in a situation where none of the parties terminated the fixed-term contract after its expiration, the document is considered extended for an indefinite period.

A fixed-term employment contract, taking into account all the possibilities of its termination, can be:

conditionally urgent (an employee is hired during the absence of a permanently working person);
with relatively certain period(an employee is hired by a company that was created to perform a certain job);
with an absolutely definite term (an employee is elected to an elective position for a specific term).

In all of these cases, a fixed-term employment contract must be signed. An example of this document is provided below.

IP contract

When applying for a job with a private entrepreneur, an employment contract between an individual entrepreneur and an employee must also be concluded. A sample document must be kept by the employer in case a citizen applying for a job wants to get acquainted with working conditions.

Without an agreement, the employee will not be able to protect himself if, for some reason, his rights are violated.

A contract with an individual entrepreneur can be both fixed-term and indefinite. In the first case, the manager hires an employee for the duration of the absence of a permanent employee or for the duration of a certain job. If necessary, such an agreement may become indefinite. In the second case, the employee is hired for permanent work.

An employment contract with an individual entrepreneur must contain information about working conditions and wages. If these criteria are violated, then the employer may have problems with the inspection authorities.

The contract is drawn up in accordance with all the rules in two copies, indicating the details of the parties and the seal, if any.

The main features of concluding an agreement with an individual entrepreneur include:

a document template is compiled by a private entrepreneur independently;
the contract is concluded only in writing;
the agreement should not infringe the rights of the parties;
the contract is signed only with citizens over 16 years old;
if an employee agrees to work conditions that are worse than those that the organization can offer, the manager must still adhere to the law in order to avoid fines and inspections.

The employment contract of an individual entrepreneur with an employee (sample) is presented below.

Agreement with an accountant

An employment contract with an accountant is no different from standard contracts.

to the main points in without fail added a paragraph about liability and probationary period.

In frequent cases, such an employment contract is open-ended.

The document must contain the entire list of duties that the accountant must perform, as well as links to those regulatory and legislative acts that the employee must adhere to.

Since the position is financially responsible, the contract must indicate the consequences of non-compliance with this fact. In addition, the accountant can be obligated not to disclose the trade secret of the organization by introducing the appropriate clause into the agreement.

A sample employment contract with an accountant is presented below.

Patent work

An employment contract under a patent is concluded with foreign citizens. The agreement, in addition to standard clauses, must contain the following information:

patent information;
data on a residence permit or residence permit in the country;
information about health insurance.

Only those non-residents who are legally in the country can work in the Russian Federation. This fact is confirmed by: patent, residence permit, residence permit, honey. insurance.

After the execution of the contract, the head must submit data to the FMS. Money transfers are made exclusively on bank card, cash wages are not issued.

An employment contract for a patent (sample) is presented below.

Key Points

Based on Art. 57 of the Labor Code of the Russian Federation, clauses of the employment contract should consist of an indication of:

Names of the organization and details of the employee, between which the agreement is concluded.
Places of work.
Type of activity, position and type of work.
Dates when the employee should start work.
The rights and obligations of the employer and employee.
Pay conditions.
The mode of rest and work.
Guarantees and compensation.
Additional conditions, if any, provided by the organization.

It is very important to remember that if at least one of the listed items is not specified in the contract, the document is considered invalid and can be canceled.

If the completion of which is presented below was postponed, and the employee began direct duties, then the manager is obliged to draw up and sign an employment contract with the employee within three days.

The contract begins to operate from the moment of its signing or the actual start of the work itself. The employee is obliged to start his work no later than the next day from the date of signing the document. If this does not happen, the employer has the right to terminate the contract.

Guarantees

According to Russian legislation All citizens have equal rights and obligations. Employees of companies have certain guarantees when concluding contracts. These include:

Reasonable denial of employment. The head does not have the right to refuse admission due to lack of registration at the place of residence, due to pregnancy or the presence of small children, due to property or social status. A justified refusal can be considered: lack of vacancies, staff reductions, liquidation of the company.
Recruitment of previously dismissed employees for reasons established by law. At the same time, such employees should be taken to a position not lower than the one they occupied.

The most important guarantee of any employee is the completion of an employment contract. The employer should always have a sample of it. A timely completed and signed contract can save an employee if it is necessary to resolve any issues regarding employment.

Termination of an agreement

Termination of the contract is provided for in Art. 77 of the Labor Code of the Russian Federation and is based on the following factors:

Expiration of the employment contract.
Agreement of the parties.
Call to the army
Employee transfer.
The employer's initiative (liquidation of the company, staff reduction, gross violations by the employee).
Employee initiative.
Third party initiative (parents, guardians of minors).
Relocation of the employee or his refusal of new working conditions.
Worker condemnation.
Other grounds.

How to draw up an employment contract with an employee? In order for an employment relationship to be valid, it is important that following rules design:

A standard employment contract with an employee is drawn up in writing (paper) form - the paramount condition for its existence. It cannot exist within the framework of an oral agreement..
The signing of the contract is carried out by persons who have the appropriate set of authorized rights.
The main structural elements of the document are regulated labor parties information and conditions regarding work.
Conditions in the text of the document can only be entered by the employee and the employer. An employer cannot worsen a set of employee rights determined by the Labor Code.

REFERENCE! In institutions, the development of the text of the employment contract, the final document is engaged in structural subdivision responsible for personnel management.

In the absence of such a structure (in small organizations), this is done by a specific executive appointed by the head of the organization.

When filling out the text of the form, you should be aware that divided into two main groups: information about the work (organization) and conditions.

At the same time, the conditions are divided into mandatory and optional.

Intelligence

Information includes the following data:

name of the employing organization, full name of its head, who has the right to sign the document, as well as the official basis for obtaining such rights (“Naberezhnye Chelny LLC Enterprise” represented by director Anton Nikiforovich Zykin, acting on the basis of the Regulations ...”);
Full name of the employee;
information about the document identifying the identity of the employee (such an identifier is passport, insurance certificate and so on.);
parties' addresses(the employer organization indicates its location, and the employee - the place of residence);
taxpayer identification number(employer);
place of contract, the date of its signing (“Moscow, April 17, 2012”).

IMPORTANT! The main information is located both in the preamble and at the end of the document. If the position of the details-information changes, this will not be a basis for not recognizing the labor relationship as legal, as well as for re-issuing an employment contract by the employer.

Conditions

What should be included in an employment contract?

Most of the information in a document is terms.

Among mandatory conditions worth highlighting:

place of work, which should be understood as the address of the organization, and, if possible, where the employee will work (“Gogol street, building 11, building 3, office 14”). In addition, the employer, in additional conditions, may detail the place of work prescribed in this paragraph;
labor function, which implies a specific position of the employee in the employer's organization. The position of the employee is discharged from staffing. If possible, link to the relevant job description(“human resources inspector, whose activities are prescribed in the instructions ...”);
the date from which the employee is included in the structure of the organization, begins to perform his work (“Start of work: 03/11/2013”).

IMPORTANT! Absence of an employee on the day specified in the document, leads to the cancellation of the contract regardless of whether the order to hire an employee has entered into force.

contract time. An employment contract is, by definition, open-ended. But there are cases when an employee is admitted to an institution for a certain period (this may be due to the seasonality of work, the specifics of his activity, replacing an employee who is ill or on a business trip, etc.);
pay conditions prescribed in the contract on the basis of a document regulating the staffing, structure of the organization. The value of the mandatory minimum rate (salary) of the employee is fixed. Listed, among other things, in the surcharge item, the additional payments provided;
working hours and rest time, reflected in special cases. Especially if the employee works according to a specific schedule (for example) or is employed at work in hazardous conditions labor. It also marks the beginning / end of shifts, the possibility of technological and other breaks, the provision of vacation (paid annual, additional) is guaranteed;
conditions that determine the nature of the work:, etc. This paragraph also draws the line between and and workers working in their main job;
conditions relating to mandatory social insurance. They guarantee that deductions will be made to the FSS and to the pension fund;
other conditions prescribed in the relevant federal laws, presidential decrees and government decrees.

Additional conditions include those conditions that are necessary for concretization, clarification of the obligations of the parties.

IMPORTANT! Additional terms must not impair the obligations of the parties compared to the norms of the current labor legislation.

The Labor Code gives several examples of additional conditions:

As already mentioned, the place of work can be specified. Up to the indication of a specific cabinet, brand of machine, machine tool, etc.
A significant condition may be the establishment for the employee (no more than 3 months for staff members, as well as no more than 6 months for the management).
The condition for the preservation within the organization of secrets, the protection of which is regulated by law (commercial, official, state, personal data, etc.).
A condition that implies the emergence of an obligation on the part of the employee to work in the organization that paid for his training ( maximum term such "development" - 5 years).
A condition that guarantees the improvement of living conditions, housing, social (rental of housing, its purchase at the expense of the organization, the provision of funds to improve housing conditions, etc.).

Duties of the parties

Sample employment contract with an employee (example of filling out):

Availability of the application

In order for the clauses of the employment contract to be specified in the future, a document or a set of documents that contribute to this is very often attached to it. There is a need for them due to the fact that thanks to them the structure of the document does not become more complicated, they prevent an overabundance of information in it.

So, for example, in an employment contract it is not always possible to reflect a complete list of the functions of an employee that he must perform in agreement with the employer. And so that it does not consist of several dozen pages, to him attached job description reflecting the duties, rights and responsibilities of the employee.

You can make a separate document. And this is convenient: referring to the text of the instruction, you can, without cluttering up the contract, fulfill everything within the framework of labor legislation.

Storage

After passing through the stages associated with giving the contract legal force, one copy of it remains with the employee.

With a copy of the employer, the situation is different: it is subject to storage in the employee’s personal file or, in the absence of it, in a specialized folder called “employment contracts of employees whose personal files are not subject to maintenance.”

The files are listed in alphabetical order.

Starting from March 13, 2016, the storage of documents has changed. So, personnel documentation should now be stored not as it was established earlier - 75 years, and a quarter of a century less - 50 years.

These changes are primarily due to the fact that archives of organizations can not cope with the storage of documents. More precisely, such a long period of storage did not allow them to unload archival funds to ensure the receipt of new documentation. And for employers, this was a problematic issue.

Structurally, an employment contract is a complex document that reflects the fact of labor relations that have arisen. Therefore, it is so important to be guided by the basic normative, methodological
recommendations for its compilation to prevent various kinds of errors.