Labor contract and labor discipline. The concept of an employment contract as an institution of labor law, a legal fact (transaction), a legal relationship and a form of involvement in work. Classification of employment contracts Employment contract is the main institution of labor law

main institute labor law is an employment contract.

An employment contract should be considered in three aspects:

1. as a labor agreement concluded between the employee and the employer;

2. the institution of labor law, the norms of which regulate the procedure for hiring (conclusion of an employment contract), transfer to another job and dismissal (change and termination of an employment contract);

3. the legal fact of the emergence of labor relations, as well as the emergence, change and termination of legal relations closely related to labor (derivatives).

In Art. 56 of the Labor Code of the Russian Federation defines labor contract. This is an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by the Labor Code of the Russian Federation. laws and other regulations legal acts containing labor law norms, collective agreement, agreements, local regulations and this agreement, timely and in full to pay the employee wages, and the employee undertakes to personally perform the labor function defined by this agreement, to comply with the internal regulations in force in the organization.

An employment contract should be distinguished from related civil law contracts related to labor (work contracts, assignments, author's contracts, contracts for research and development work, etc.). Despite the external similarity, they differ in the following ways:

§ the subject of the employment contract is the work of the employee itself, i.e. syu daily labor activity on a certain labor function. The subject of civil law contracts is already materialized final result labor (invention, painting, etc.), and labor in them is only a way to achieve this result, fulfill the obligations assumed;

§ as a rule, an employment contract involves the personal performance of work, it is prohibited to replace an employee with another person. In civil law contracts, such an obligation arises only by virtue of a special fixing of this condition in the contract itself or in cases specified by law for certain types civil law contracts;

§ but under the employment contract, the employee is obliged to obey the rules of internal labor regulations in the process of performing his labor function. An employee who violates this obligation may be subject to disciplinary action. There is no such condition in civil law contracts;

§ under an employment contract, the employer is obliged to organize the work of the employee, create normal and safe working conditions for him. According to civil law contracts, the employee himself organizes the work, performs it at his own risk.

The state promotes sustainability employment contracts, legislatively enshrining the principles of freedom and voluntariness of expressions of will when concluding an employment contract and various legal guarantees for hiring, transferring and dismissal, as well as prohibiting the inclusion in an employment contract of conditions that worsen the position of employees compared to current legislation.

Despite the fact that the law contains a rather voluminous list of mandatory conditions, not all of them have the same meaning for all types of labor relations. That's why this group conditions requires further differentiation. In particular, one should highlight troupe of basic prerequisites, which are universal for each employment contract. In their absence, any employment contract cannot be considered concluded. These conditions include: 1) the subject of the contract - a specific labor function for which a person is hired; 2) the place of performance of the labor function (place of work).

Labor function - it is certainly a central element of any employment contract. Without this condition, the transaction cannot take place, since the lack of information about the labor function deprives the interaction of the parties of any meaning and only means that the employer has no idea why he needs to use the employee’s ability to work. Moreover, emphasizing the importance of this element as part of the content of the contract, the legislator consolidated the principle of certainty of the labor function, expressing its position by prohibiting requiring the employee to perform work not stipulated by the labor contract (Article 60 of the Labor Code of the Russian Federation).

Profession usually referred to as a genus labor activity, occupations requiring certain training, due to public division labor and serving as an expression of its differentiation (doctor, builder, teacher, lawyer, etc.). Speciality(from Latin specialis - special) is a set of knowledge and skills acquired through special training and work experience necessary for a certain type of activity within a particular profession (for example, a general practitioner, a primary school teacher, an architect). Qualification- this is the degree of professional suitability of the hired person, taking into account the complexity of the work, the level of his professional knowledge and skills.

Job title is a set of individual rules of conduct for a particular employee established by this employer, revealing and clarifying the general and special requirements for the performer in the performance of a labor function. They are usually contained in a special document - job description (job order). The position determines the place this employee in the structure of the employer, his position in subordinate and coordination relations with other participants production process. The positions of employees are fixed by a special local normative act approved by the employer - staffing , which is in the general view is a list of used economic activity positions and corresponding salaries (rates). As a rule, the objective side of a complex labor function is reflected in special tariff and qualification reference books approved by the industry federal agency executive branch of labor.

Subjective side in the structure of the labor function, it plays the role of an additional, auxiliary feature when the employer chooses the right performer. Although such requirements and conditions are not directly fixed in legislation, they are often determined by the nature of objective side labor function and are usually presented by employers in practice. An employer, for example, has the right to establish a requirement for an accountant that, when performing work, he knows how to use certain computer programs to carry out accounting And email with third parties; for a lawyer of a law firm working with foreign counterparties, the employer can establish the condition of proficiency in foreign languages; etc.

Place of work the organization with which the hired person enters into an employment contract is usually considered. Nevertheless, there are several options for establishing a place of work in an employment contract, depending on the type of employer, as well as on the conditions for his economic activity. When it comes to an employer - a legal entity, the place of work is considered to be the territorial boundaries of the land plot (part of the building) at the legal address or at the actual location of the organization (location of all executive bodies), which should be directly determined when concluding an employment contract. However, in case of non-compliance with the written form of the employment contract, where this condition must be fixed, the legislator does not offer any solution to this problem. In such a situation, it is advisable to consider the place of work as the place of actual implementation of the labor function.

The place of work must be distinguished from the concept workplace, which in Art. 209 of the Labor Code of the Russian Federation is defined as the place where the 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. The fundamental difference between these two concepts is that the place of work is a condition of the employment contract and therefore requires the obligatory achievement of an agreement between the parties when it is concluded. Workplace for general rule is determined by the employer unilaterally and, as a rule, after the entry into force of the employment contract as part of administrative activities, taking into account production and technological conditions. However, in some cases, there may be situations in which the place of work and the workplace may coincide, in particular when the parties have agreed on the workplace as an optional condition of the contract, or when the place of actual implementation of the activity by the employer is inseparable from the workplace (the tenant's living quarters, trading place in the market, the office of a notary or a lawyer, etc.).

The condition on the start date of work is closely related to the procedure for the entry into force of the employment contract and is important if the parties benefit from a later start of work compared to the general rule. This rule, enshrined in Art. 61 of the Labor Code of the Russian Federation, determines that the employment contract enters into force on the day the hired person is actually admitted to work or from the date of signing the contract, if he started work the next day. Otherwise, the employer has the right to cancel the employment contract, that is, to recognize it as not concluded.

The condition under consideration, therefore, allows the parties to establish, in the appropriate case, a more convenient day for them to enter into force of the employment contract, taking into account various circumstances(for example, due to the need to move the hired person and his family from another region and transport his property), but does not change general rule on the possibility of annulment of the employment contract by the employer in the event that work starts later than the working day agreed by the parties.

Terms of the employment contract enshrined in Art. 58 of the Labor Code of the Russian Federation. An employment contract is usually concluded by the parties on a certain period. This norm, traditional for domestic labor legislation, establishes the priority of the interests of the employee, guaranteeing him permanent employment, and contributes to ensuring the stability of the relationship between the parties.

Despite the consolidation of the advantage of an indefinite term of the employment contract, the legislator nevertheless leaves the parties, as an exception, the opportunity to establish the urgent nature of the employment relationship. This is due to a number of restrictions, since the condition on the term, for various reasons, is, as a rule, unprofitable for the hired person.

Wage condition in Art. 57 of the Labor Code of the Russian Federation is recognized as a necessary element of the content of an employment contract. At the same time, it does not fix the obligation to pay it, which arises after the start of work, but only a promise to comply with this condition in the future. The condition under consideration should contain information on the form (system) of wages applied to the employee (piecework or time), the method of its rationing (tariff or non-tariff), its parts and additional payments (allowances, additional payments, bonuses, etc.).

Terms of working hours and rest time requires mandatory discussion by the parties in the event that, with respect to the relevant work, the modes of rest and rest will differ from general rules established in this organization by local regulations. The employer is primarily interested in establishing this condition, since the expediency of deviating from the general regime of working time and rest time is dictated by the specifics of the employee's labor function.

Among the situational prerequisites, it is also necessary to include those that arise from the peculiarities of the legal regulation of labor certain categories employees, in particular, according to the Labor Code of the Russian Federation, this applies to part-time workers (Article 282), employees sent to work in diplomatic missions Russian Federation abroad (Art. 338), professional athletes and coaches (Art. 348), employees of religious organizations (Art. 344), state civil and municipal employees, and some others.

In Art. 57 of the Labor Code of the Russian Federation are also named as mandatory conditions for compensation for work in special conditions and compulsory social insurance. In the vast majority of cases, they are not formulated by the parties, but are borrowed from legislation or acts social partnership, local regulation.

Test condition is a period of time during which the employer has the opportunity to assess the actual abilities of the employee and draw conclusions about his business qualities and compliance with the assigned work. Therefore, the initiator of the appearance of such a condition in the contract is the employer.

The duration of the test period is determined by agreement of the parties, but as a general rule it cannot exceed three months. However, for the heads of organizations, chief accountants, their deputies, heads of branches, representative offices and other separate divisions of the organization, a probationary period may be set up to six months. For state civil and municipal employees, the probationary period may be up to one year. When concluding a fixed-term employment contract for a period of two to six months, the probationary period may not exceed two weeks.

Terms of non-disclosure of information with limited access. The types of such information include state and commercial secrets, information for official use, personal data of other employees, as well as information constituting a professional secret (medical, lawyer and notarial secrets, adoption secrets, etc.).

Employment contract - an institution of modern Russian labor law and its improvement

A. Ya. Petrov, Doctor of Law, Professor, State University « graduate School economy"

An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and by this agreement, pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations applicable to this employer.

This legal definition of the concept of an employment contract (as researchers sometimes note the concept of an employment contract in the proper sense) must be distinguished from the concept of an employment contract as an institution of labor law in Russia. This category should be understood as a set or system of legal norms that define the concept, content, terms of an employment contract and regulate relations for its conclusion, amendment and termination.
It is positive that the Labor Code of the Russian Federation logically and consistently reflects the basis of this institution in section 111.

Employment contract, namely:
– general provisions (Chapter 10);
– conclusion of an employment contract (Chapter 11);
– amendment of the employment contract (Chapter 12);
– termination of the employment contract (Chapter 13).

At the same time, the inclusion in this section of Chapter 14. “Protection of personal data of an employee”, which in this context is clearly inappropriate, is objectionable, because the institution of an employment contract (as recognized in the science of labor law) does not contain such an element. It seems reasonable to assign chapter 14 of the Code to section XIII “Protection of labor rights and freedoms…”. It is easy to see the similarity and homogeneity of these categories of labor law. It seems that the norms of Chapter 14 of the Labor Code of the Russian Federation are actually aimed at protecting the labor rights and freedoms of workers, including labor honor, dignity and business reputation and not to protect the personal data of the employee.

It is also appropriate to emphasize that Article 2 of the Code refers ensuring the right of employees to protect their dignity during the period of employment to the basic principles of legal regulation of labor relations and other relations directly related to them.

In the theory of labor law, it is reasonable to single out such sub-institutions in the institution of an employment contract as:
– conclusion of an employment contract;
– change of the employment contract;
- termination of the employment contract.

However, along with this, there are often other interpretations of the sub-institutions of the employment contract, for example, traditionally: hiring, transfers to another job and dismissals. I would like to note that such interpretations are not entirely correct, because they are not based on the law. So, in chapter 11 of the Code. “Conclusion of an employment contract” out of 9 articles, only 3 deal with the issue of employment (articles 68, 70 and 71).

Even more striking is the discrepancy between "changing the employment contract" and "transferring to another job." The first category is much broader and includes four groups of rules governing:
- transfer to another job;
– movement;
- change certain parties the terms of the employment contract for reasons related to changes in organizational or technological working conditions;
- suspension from work.

Regarding the last sub-institution of the employment contract, it is necessary to take into account the well-known thesis that “dismissal” refers to the employee, and not to the employment contract. In addition, in Chapter 13 of the Labor Code of the Russian Federation "Termination of an employment contract" there is not a single article that would specifically regulate the relationship for the dismissal of an employee, with the exception of a mention of this in Article 80 of the Code.

And now let's look specifically at chapters 10–13 of the Labor Code of the Russian Federation, which determine the structure, system and content of the institution of an employment contract.
Chapter 10 " General provisions» provides:
- the concept of an employment contract, its parties;
- the content of the employment contract;
- terms of the employment contract, fixed-term employment contract;
- prohibition to demand the performance of work not stipulated by the employment contract;
- part-time work;
- combining professions (positions), expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee without exemption from work determined by the employment contract;
– the entry into force of the employment contract;
– issuance of copies of documents related to work (Articles 56-62).

It is easy to see that individual articles and relevant norms can hardly be attributed to the "General Provisions". So, according to Article 58 of the Labor Code of the Russian Federation, employment contracts can be concluded:
1) for an indefinite period;
2) for a fixed period of not more than five years (fixed-term employment contract), unless another period is established by this Code and other federal laws.

A fixed-term employment contract is concluded when labor relations cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its performance, namely in the cases provided for by paragraph one of Article 59 of the Code. In the cases provided for by the second part of Article 59 of the Code, a fixed-term employment contract may be concluded by agreement of the parties to the employment contract without taking into account the nature of the work to be done and the conditions for its performance.
If the employment contract does not specify the term of its validity, then the employment contract is considered concluded for an indefinite period.
An employment contract concluded for a fixed period in the absence of sufficient grounds established by the court is considered to be concluded for an indefinite period.

It is prohibited to conclude fixed-term employment contracts in order to avoid granting the rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period.
Article 59 of the Labor Code of the Russian Federation provides for cases when a fixed-term employment contract is concluded (Part 1) and, by agreement of the parties, a fixed-term employment contract may be concluded (Part 2).

Thus, the content of articles 58–59 of the Labor Code of the Russian Federation indicates that these articles should be included in chapter 11 of the Code “Conclusion of an employment contract” and, of course, excluded from chapter 10, since they do not carry general.
In accordance with Article 60 of the Labor Code of the Russian Federation, it is prohibited to require an employee to perform work not stipulated by an employment contract, except as provided for by this Code and other federal laws. This important provision in the science of labor law is rightly referred to when considering the problems of transfers to another job. The question is natural: why is this norm enshrined in Chapter 10 "General Provisions"? I believe that it would be reasonable to include it in Chapter 12 “Changing the employment contract” after Article 72 of the Labor Code of the Russian Federation, which provides for the fundamental rules for changing the terms of the employment contract determined by the parties.

Federal Law No. 90-FZ of June 30, 2006 supplemented Chapter 10 of the Labor Code of the Russian Federation with Article 60-1 “Part-time work”. According to this article, an employee has the right to conclude employment contracts on the performance, in his spare time from his main job, of another regular paid job with the same employer (internal part-time job) and (or) with another employer (external part-time job).

Features of labor regulation of persons working part-time are determined by Chapter 44 of this Code.
In terms of content, this article can be attributed to Chapter 11 “Conclusion of an employment contract”, and not to the general provisions of an employment contract. In fact, it concerns a separate category of part-time workers, and its proper place is in Chapter 44 of the Labor Code of the Russian Federation.

Federal Law No. 90-FZ of 30 June 2006 also supplemented Chapter 10 of the Code with Article 60-2. It provides that, with the written consent of the employee, he may be entrusted with the execution within fixed duration working day (shift) along with the work specified in the employment contract, additional work in another or the same profession (position) for additional payment (Article 151 of this Code).
Additional work assigned to an employee in another profession (position) may be carried out by combining professions (positions). Additional work entrusted to an employee in the same profession (position) can be carried out by expanding service areas, increasing the volume of work. In order to perform the duties of a temporarily absent employee without being released from work specified in the employment contract, the employee may be entrusted with additional work both in another profession and in the same profession (position).

The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.

The employee has the right to prematurely refuse to perform additional work, and the employer has the right to prematurely cancel the order to perform it, having warned the other party about this in writing no later than three business days.
This article of the Code is also not of a general nature and, in terms of its content, should be classified as a sub-institution of “changing an employment contract”, which requires fixing it in Chapter 12 of the Labor Code of the Russian Federation.

In accordance with Article 61 of the Labor Code of the Russian Federation, an employment contract enters into force from the day it is signed by the employee and the employer, unless otherwise provided by federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or by on behalf of the employer or his representative.

The employee is required to start job duties from the date specified in the employment contract.
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.

If the employee did not start work on the day of commencement of work, established in accordance with the second or third part of this article, the employer has the right to cancel the employment contract. The canceled employment contract is considered not concluded. Cancellation of an employment contract does not deprive the employee of the right to receive mandatory social insurance in the event of an insured event in the period from the date of conclusion of the employment contract until the day of its cancellation. And this article of the Code cannot be attributed to the general provisions of the employment contract, because in its content it is more related to the sub-institution “conclusion of an employment contract”.

Thus, in Chapter 10 “General Provisions” of the Labor Code of the Russian Federation, articles 56–57, as well as 62, should obviously remain. The latter, in particular, provides that, upon a written application from the employee, the employer is obliged no later than three working days from the date of submission of this applications to issue to the employee copies of documents related to work (copies of the order for employment, orders for transfers to another job, orders for dismissal from work; extracts from work book; certificates of wages, accrued and actually paid insurance premiums for compulsory pension insurance, about the period of work with this employer, etc.). Copies of documents related to work must be duly certified and provided to the employee free of charge.

This article contains rules that apply to all sub-institutions of the employment contract, that is, it has a general meaning and is reasonably included in chapter 10.
Closely related to it is Article 66 of the Labor Code of the Russian Federation.

According to this article, the work book of the established form is the main document on the work activity and work experience of the employee.
The form, procedure for maintaining and storing work books, as well as the procedure for preparing work book forms and providing employers with them, is established by the Government of the Russian Federation.

Employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked more than five days, in the case when the work for this employer is the main one for the employee.

The work book contains information about the employee, the work performed by him, transfers to another permanent job and on the dismissal of the employee, as well as the grounds for terminating the employment contract and information on awards for success in work. Information about penalties in the work book is not entered, except in cases where disciplinary action is dismissal.

At the request of the employee, information about part-time work is entered in the work book at the place of main work on the basis of a document confirming part-time work.

The question arises: why is Article 66 enshrined in Chapter 11 of the Code “Conclusion of an employment contract”? After all, it contains norms relating to the entire institution of the employment contract. Apparently, its proper place is in Chapter 10 of the Labor Code of the Russian Federation, next to the article regulating the issuance of copies of documents related to work. Articles 70 and 71 of the Labor Code of the Russian Federation need to be improved.

Thus, Article 70 of the Code should be called “Probation condition when concluding an employment contract”, thereby bringing it into line with the title of Chapter 11 and Article 57 of the Labor Code of the Russian Federation. And the content of the article should be stated as follows: “When concluding an employment contract, by agreement of the parties, it may provide for a condition on testing the employee in order to verify his compliance with the assigned work.”

The absence of a test clause in the employment contract means that the employee is hired without a test. In the event that an employee is actually allowed to work without drawing up an employment contract (part two of Article 67 of this Code), a test condition may be included in the employment contract.
During the probation period, the employee is subject to the norms of labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations.

The trial period may not exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions organizations - six months, unless otherwise provided by federal law.

When concluding an employment contract for a period of two to six months, the probation may not exceed two weeks.
The period of temporary disability of the employee and other periods when he was actually absent from work are not included in the probationary period.
It is advisable to single out from Article 70 of the Labor Code of the Russian Federation and fix it in Article 70-1 “Cases when a test is not established”, setting it out as follows:
“The test condition at the conclusion of an employment contract is not established for:
- pregnant women and women with children under the age of one and a half years;
- persons under the age of eighteen;
- persons elected on the basis of a competition for filling the relevant position, held in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms;
- persons elected to an elective position for paid work;
– persons who graduated from state-accredited educational institutions of primary, secondary and higher vocational education and for the first time coming to work in the received specialty within one year from the date of graduation educational institution;
- persons invited to work in the order of transfer from another employer as agreed between employers;
– persons concluding an employment contract for a period of up to two months;
- other persons in cases provided for by this Code, other federal laws, a collective agreement.

Article 71 of the Labor Code “The result of the test upon hiring” is logically called “The result of the test after hiring”, setting it out as follows:
“If the probation period has expired, and the employee continues to work, then he is considered to have passed the probation.”
In Chapter 13 of the Code “Termination of an employment contract”, it would be reasonable to fix a separate article “Termination of an employment contract during the probationary period” (because Article 71 of the Code in the current version is hardly correctly fixed in Chapter 11) and state it as follows:
“If the result of the test is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, notifying him of this in writing no later than three days, indicating the reasons that served as the basis for recognizing this employee as not having passed the test.

If the test result is unsatisfactory, the termination of the employment contract is made without taking into account the opinion of the relevant trade union body and without paying severance pay.
If during the trial period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract on his own initiative, notifying the employer in writing three days in advance.

An analysis of the norms of Chapter 12 "Changing the employment contract" also indicates the need for their optimization.
According to Article 72-2 of the Labor Code of the Russian Federation, when transfers are made in the cases provided for in parts two and three of this Article, the employee's remuneration is made according to the work performed, but not lower than the average earnings for the previous job. It seems that this provision relates more to the institution of wages, and, as a result, it should be enshrined in Chapter 21 "Wages".

Article 73 of the Labor Code of the Russian Federation “Transfer of an employee to another job in accordance with a medical report” contains rules on suspension from work, termination of an employment contract and wages. In particular, parts 2–4 of Article 73 of the Code provide that if an employee who needs a medical report in accordance with temporary transfer to another job for a period of up to four months, refuses to transfer or the employer does not have a corresponding job, then the employer is obliged to remove the employee from work for the entire period specified in the medical report, while maintaining the place of work (position). During the period of suspension from work, wages are not accrued to the employee, with the exception of cases provided for by this Code, other federal laws, a collective agreement, agreements, and an employment contract.

If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses to transfer or if the employer does not have the appropriate job, the employment contract is terminated in accordance with clause 8 of part one of Article 77 of this Code .

An employment contract with the heads of organizations (branches, representative offices or other separate structural subdivisions), their deputies and chief accountants who, in accordance with a medical report, need temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the appropriate job, is terminated in accordance with with paragraph 8 of the first part of Article 77 of this Code. The employer has the right, with the written consent of these employees, not to terminate the employment contract with them, but to suspend them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to these employees, except for the cases provided for by this Code, other federal laws, a collective agreement, agreements, and an employment contract. It is impossible not to notice that the title of Article 73 of the Labor Code of the Russian Federation and its content do not correspond to each other.

I would like to hope for a qualitative improvement in this article, and above all, the exclusion of the norm on wages from it. At the same time, it should be taken into account that the provision on the termination of an employment contract is largely repeated in paragraph 8 of the first part of Article 77 of the Code. It would be advisable to enshrine the rules on suspension from work in Article 76 “Suspension from work”.

Of particular note is the groundlessness of fixing Article 75 in Chapter 12 of the Labor Code of the Russian Federation, because its content indicates not a change, but the termination of an employment contract. So, according to this article, when the owner of the organization's property changes, the new owner, no later than three months from the date of the emergence of his ownership right, has the right to terminate the employment contract with the head of the organization, his deputies and the chief accountant.

The change of the owner of the property of the organization is not a basis for terminating employment contracts with other employees of the organization.
If the employee refuses to continue working due to a change in the ownership of the organization's property, the employment contract is terminated in accordance with paragraph 6 of Article 77 of the Labor Code of the Russian Federation.

When changing the owner of the organization's property, a reduction in the number or staff of employees is allowed only after state registration transfer of ownership.

A change in the jurisdiction (subordination) of an organization or its reorganization (merger, accession, separation, separation, transformation) cannot be a basis for terminating employment contracts with employees of an organization. If the employee refuses to continue working in the cases provided for by part five of this article, the employment contract is terminated in accordance with paragraph 6 of article 77 of the Labor Code of the Russian Federation.

From Article 76 of the Labor Code of the Russian Federation, it is necessary to exclude the provision that during the period of suspension from work (non-admission to work), wages are not accrued to the employee, except as provided for by this Code or other federal laws. In cases of suspension from work of an employee who has not passed training and testing of knowledge and skills in the field of labor protection or a mandatory preliminary or periodic medical examination (examination) through no fault of his own, he is paid for the entire time of suspension from work as for downtime. This norm should be enshrined in Chapter 21 of the Code "Wages".

Compared with the considered chapters 10–12 of the Labor Code of the Russian Federation, chapter 13 “Termination of an employment contract” is preferable in terms of structure and content.

At the same time, Chapter 13 of the Code also needs some adjustment. Thus, Article 77 of the Labor Code of the Russian Federation provides for the following general grounds for terminating an employment contract:
6) refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of this Code);
7) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);
8) the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of this Code);
9) the refusal of the employee to transfer to work in another locality together with the employer (Part one of Article 72-1 of this Code)”.

The question arises: why does paragraph 6 of Article 77 of the Code refer to Article 75, and in paragraph 7 - to Article 74, etc.? Elementary logic determines the opposite, that is, paragraph 9, obviously, should be paragraph 6, paragraph 8 - paragraph 7 of Article 77 of the Labor Code of the Russian Federation, etc.

In addition, it would be reasonable to state paragraph 5 of Article 77 of the Code as follows: “5) transfer of an employee, upon his written application or with his written consent, to work for another employer or election to a position”, thereby this paragraph will be brought into line with Articles 16–17, 64, 72-1 of the Labor Code of the Russian Federation.

Further, from the first part of Article 81 of the Labor Code of the Russian Federation, it is necessary to exclude clause 13 on termination of the employment contract at the initiative of the employer in cases provided for by the employment contract with the head of the organization, members of the collegial executive body of the organization. According to paragraph 4 of Article 77 of the Code, termination of an employment contract at the initiative of the employer (Articles 71 and 81 of this Code) refers to common grounds termination of the employment contract.

Chapter 43 of the Labor Code of the Russian Federation provides for the specifics of labor regulation of the head of the organization and members of the collegial executive body of the organization, and in particular additional grounds for terminating the employment contract with the head of the organization, including on the grounds provided for by the employment contract, paragraph 3 of Article 278 of the Code.

It is also advisable to exclude from the second part of Article 81 of the Labor Code of the Russian Federation the provision that the certification procedure (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body workers. This provision cannot be directly related to the termination of the employment contract at the initiative of the employer. Moreover, the certification of employees is also important for resolving the issue of changing the employment contract, including transfer to another (both highly paid and lower paid) job (position).
In this regard, and taking into account the exceptional importance of attestation of employees, I believe it is timely to fix the relevant norms in Chapter 10 of the Labor Code of the Russian Federation.

Article 82 of the Code provides for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer.

However, this article, in its content, is more related to the institution of guarantees and compensations. The Labor Code of the Russian Federation justifiably consolidated Chapter 27 "Guarantees and compensations to employees associated with the termination of an employment contract" in section VII "Guarantees and compensations".
In Chapter 27 of the Code, it is also necessary to fix the following provision of Article 84 of the Labor Code of the Russian Federation: “If the violation of the rules for concluding an employment contract established by this Code or other federal law is committed through no fault of the employee, then the employee is paid a severance pay in the amount of average monthly earnings. If the violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and the employee is not paid severance pay.

The institution of an employment contract is fundamental and central in Russian labor law, and therefore should also be a classic example of legal regulation.

Article 73 of the Labor Code of the Russian Federation establishes that, for reasons related to a change in organizational or technological working conditions, it is allowed to change, at the initiative of the employer, the essential terms of the employment contract when the employee continues to work without changing the labor function, i.e. continuation of work in a specialty, qualification or position determined by the employment contract. At the same time, changes in the essential terms of the employment contract that worsen the position of the employee in comparison with the terms of the collective agreement or agreement cannot be introduced.

As you can see, when deciding to change the essential terms of an employment contract with a given employee, the employer must comply with two conditions. First, there must be a change in organizational or technological working conditions. At the same time, the employer is obliged to proceed from the provisions of clause 21 of Resolution of the Supreme Court of the Russian Federation of March 17, 2004 N 2, according to which a change in the essential terms of an employment contract is allowed if it was the result of changes in the organization of labor or in the organization of production, for example, changes in technique and technology of production, improvement of jobs on the basis of their certification, structural reorganization of production, and did not worsen the position of the employee in comparison with the terms of the collective agreement, agreement.

Secondly, an employee cannot be offered a job in a different specialty, qualification or in a different position. Such work, we note, is one of the essential conditions of the employment contract.

As for its other essential conditions - the characteristics of working conditions, its payment, etc. (see article 57 of the Labor Code of the Russian Federation), then the employer has the right (naturally within the framework of the law) to change them at his discretion.

The employee is given time to make a decision on the proposal of the employer: he must be notified, informed, by the employer in writing of the introduction of these changes no later than two months before their introduction, unless otherwise provided by the Labor Code of the Russian Federation or other federal law.

Written notification must come directly from the representative of the employer, endowed in the prescribed manner with the authority to conclude, amend and terminate employment contracts. Such a representative is, as a rule, the head of the organization or an official authorized by him.

If the employee does not agree to continue working in the new conditions, the employer is also obliged to offer him in writing another job available in the organization that corresponds to his qualifications and state of health, and in the absence of such work - a vacant lower position or a lower-paid job that the employee can perform according to his qualifications and state of health.

If there is no such work in the organization, as well as in the event that the employee refuses the work offered to him, the employment contract is terminated in accordance with paragraph 7 of Art. 77 of the Labor Code of the Russian Federation.

This means that the employer, taking into account the opinion of the trade union committee, with which he may not agree, has the right to introduce a part-time or part-time work week. At the same time, the lower limits of part-time work and part-time work week Art. 73 have not been installed. Therefore, working hours can be significantly reduced, which will lead to a significant decrease in the income of workers.

If the employee refuses to continue working under conditions of reduced working hours, then the employment contract with him is terminated in accordance with paragraph 2 of Art. 81 of the Labor Code of the Russian Federation with the provision of appropriate guarantees and compensations to the employee (Articles 178-180 of the Labor Code of the Russian Federation).

According to par. 2 tbsp. 72 of the Labor Code of the Russian Federation, an employee who, in accordance with a medical report, needs to be provided with another job, the employer is obliged, with his consent, to transfer to another job that is not contraindicated for him for health reasons. If the employee refuses to transfer or if there is no relevant work in the organization, the employment contract is terminated in accordance with paragraph 8 of Art. 77 of the Labor Code of the Russian Federation.

A medical report on the need to transfer to another job may be issued to the employee also upon passing the mandatory medical examinations in accordance with Art. 213 of the Labor Code of the Russian Federation.

According to par. 1 st. 72 of the Labor Code of the Russian Federation, transfer to a permanent job in another locality together with the organization is allowed only with the written consent of the employee. If the employee refuses such a transfer, the employment contract with him is terminated under paragraph 9 of Art. 77 of the Labor Code of the Russian Federation.

At the same time, the refusal of the employee to transfer to a branch, representative office, other separate subdivision located in other localities is not a basis for dismissal of an employee if the organization itself does not move to another locality.

10) circumstances beyond the control of the parties (clause 10, article 77 and article 83 of the Labor Code of the Russian Federation).

These circumstances are set out in Art. 83 of the Labor Code of the Russian Federation.

The procedure for conscription for military service is regulated by the Federal Law of March 28, 1998 N 53-FZ "On military duty and military service" (as amended on April 1, 2005 N 27-FZ). The basis for the dismissal of an employee is the summons of the military commissariat to appear at the recruiting station to be sent to the place of military service, another document confirming the employee's entry into military service - enrollment in the Armed Forces, admission to military educational institutions.

An employee entering the alternative civilian service submits an order from the military commissariat to leave for the place of passage of the alternative civil service(Decree of the Government of the Russian Federation of May 28, 2004 N 256 "On approval of the Regulations on the procedure for performing alternative civilian service").

Reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or court (clause 2, article 83). Termination of an employment contract on the grounds specified in paragraph 2 of this article is allowed if it is impossible to transfer the employee with his consent to another job (part 2 of article 83).

The basis for the dismissal of an employee who performs the work of a person reinstated at work state inspection labor or court, serve their decisions. An employment contract with an employee is terminated in accordance with paragraph 10 of Art. 77 of the Labor Code of the Russian Federation.

Applying the provisions of paragraph 2 of Art. 83, the employer should not lose sight of the fact that in cases provided for by law, he is obliged to restore pre-existing labor relations with employees without their recourse to the court or supervisory authorities. In particular:

3. Trade union workers who are released from work in the organization as a result of being elected (delegated) to elective positions in trade union bodies, after the expiration of their term of office, the former work (position), and in its absence - another equivalent work (position) in the same or with the consent of the employee in another organizations (clause 1, article 26 of the Federal Law of January 12, 1996 N 10-FZ "On trade unions, their rights and guarantees of activity".

Not being elected to office (clause 3, article 83).

Failure to be elected to a position is the basis for termination of an employment contract under paragraph 10 of Art. 77 of the Labor Code of the Russian Federation - due to circumstances beyond the control of the parties - with employees holding elective positions. These include, for example, managers business companies, chairmen production cooperatives, deans of faculties and heads of departments in higher educational institutions.

Table of contents

Introduction…………………………………………………………………………..
Chapter 1. Employment contract as the main institution of labor law ... 1.1. General provisions of the employment contract………………………….. 1.2. The content of the employment contract…………………………………
Chapter 2. Features of the content of an employment contract with certain categories of persons civilian personnel…………………………… 2.1. Features of the content of an employment contract with employees customs authorities RF…………………………………………. 2.2. Features of the content of the employment contract with security workers (departmental and non-departmental) and rescuers……. 2.3. Features of the content of an employment contract with experts from forensic institutions of the Ministry of Justice of the Russian Federation….. Chapter 3. Correlation between an employment contract and a military service contract………………………………………………………………… ……………… 3.1. The concept of a military service contract……………
Conclusion…………………………………………………………………….. Glossary……………………………………………………… ……………….. List of abbreviations…………………………………………………………..
List of sources used……………………………………….
Annex 1…………………………………………………………………..
Annex 2……………………………………………………………….. Annex 3……………………………………………………… ………….. Appendix 4…………………………………………………………….. Appendix 5………………………………………… ……………………….. Appendix 6………………………………………………………………… Appendix 7………………………… ………………………………………..
Introduction

In the Russian Federation, the legal norms that regulate and protect labor relations form the most important legal branch - labor law, the central institution of which is the labor contract, which is the legal basis for the emergence and existence of labor relations, as well as other relations directly related to labor.
The new Labor Code contains a number of fundamentally new approaches to the regulation of labor relations. First of all, it pays considerable attention to the development of directly contractual relations between employers and employees: both collective and individual. In this regard, the importance of the employment contract as a fundamental act on the basis of which labor relations arise is especially growing.
New law is aimed at developing contractual relations in the field of labor and creates a more flexible legal framework for the parties to an employment contract, it also establishes significant labor guarantees for employees and requires their mandatory provision by employers.
The relevance of the study is justified by the fact that the institution of an employment contract, according to the author, seems to be underdeveloped. Also Special attention will be given to the conclusion of an employment contract with special categories of citizens, such as: employees of the customs authorities of the Russian Federation, employees of departmental and private security etc.
The object of the study is a set of norms governing labor relations, as well as a feature of the conclusion and content of an employment contract in the Russian Federation.
Graduation subject qualifying work- labor relations with certain categories of workers.
The purpose of the study of this work is to determine the content of the employment contract.
To achieve this goal, it is necessary to solve the following tasks:
define the concept and parties of the employment contract;
Describe the types of employment contract;
define the concept of the content of the employment contract;
Describe the essential and additional terms employment contract;
· identify the features of the content of the employment contract with certain categories of civilian personnel.
Based on the tasks set, the most appropriate research method would be comparative analysis legal acts and scientific research literature.
The structure of the final qualification work includes an introduction, three chapters, a conclusion, a glossary, a list of abbreviations, a list of references, applications. Chapter 1. Employment contract as the main institution of labor law

1.1. General provisions on the employment contract

The term "employment contract" in the legislation and in the legal literature is used not in one, but in several meanings.
Therefore, before proceeding to the study of an employment contract as a social and legal phenomenon, one should first consider at least the main of these meanings and determine what content is supposed to be put into this term in relation to a particular case.
It is necessary to distinguish between the concepts of "employment contract" and "labor relationship". Being very similar categories, they differ in content. According to Gusov, “An employment contract is an agreement, and an employment relationship is a legal relationship between an employee and an employer. The employment contract defines legal status citizen as a participant in a certain labor cooperation as an employee of a particular organization.
Labor (legal) relations are relations based on an agreement between an employee and an employer on the personal performance by an employee of a labor function (work in a certain specialty, qualification or position) for payment, the employee's subordination to the rules of internal labor regulations while ensuring that the employer provides working conditions provided for by labor legislation , collective agreement, agreements, labor contract (Article 15 of the Labor Code of the Russian Federation). The content of these relations corresponds mainly with the rights and obligations of the parties to the employment contract, i.e. employee and employer; this is quite logical, since labor relations arise on the basis of an employment contract.
Labor relations arise from the moment of actual admission to work, regardless of whether an employment contract has been drawn up (Article 16 of the Labor Code of the Russian Federation).
K.N. Gusov and V.N. Tolkunov recommend considering an employment contract in three aspects, as: 1) an agreement on labor as an employee; 2) a legal fact, which is the basis for the emergence and form of existence of labor relations in time and serves as a prerequisite for the emergence and existence of other legal relations closely related to labor relations; 3) the institution of labor law, i.e. a system of legal norms on hiring (concluding an employment contract), transferring to another job (changing an employment contract) and dismissal (termination of an employment contract).
Other authors of scientific and educational literature on labor law also draw attention to the ambiguity of the term "employment contract". For example, according to E.B. Khokhlova, "an employment contract is: a) an institution of labor law and labor legislation; b) a legal fact that gives rise to an employment relationship; c) a source of subjective labor law and, finally, d) a legal model of an employment relationship."
Starting to consider the basic meanings of the concept of "employment contract", one should, first of all, pay attention to the fact that in the science of domestic labor law, an employment contract is traditionally called one of the institutions of labor law, in cases where labor law is considered as a branch of law of the Russian Federation .
As an institution of labor law, the employment contract occupies a central place in this industry, it is the core around which other legal institutions are formed, such as, for example, a collective agreement, working hours, rest time, wages, labor discipline, labor disputes, etc. d.
It is the employment contract that gives all these institutions a semantic load and meaningful content, since only in the presence of an employment contract and within its boundaries do its parties appear - the employee and the employer, united by an employment contract. Only in the presence of an employment contract is it possible to organize the production process with the accompanying working time and rest time, with the rationing of labor and salary, labor discipline, liability etc. All this is preceded by an employment contract concluded by the employer with the employee.
The opportunity to conclude an employment contract means for an employee the right to freely choose a job in accordance with his abilities, profession and qualifications. The employer, concluding a contract, realizes the opportunity to select such an employee who, according to his professional and business qualities fit for the job assigned to him. In this regard, the employment contract is the most preferable for the employer legal form attracting citizens to work, and for the employee - the main way to realize the right to work.
The definition of the concept of an employment contract is given in Art. 56 TK.
An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by the Labor Code, laws and other regulatory legal acts, a collective agreement, agreements, local regulations containing norms labor law, to pay the employee wages in full and on time, and the employee undertakes to personally perform the labor function defined by this agreement, to comply with the internal labor regulations in force in the organization.
The concept of an employment contract has not undergone fundamental changes compared to that contained in Art. 15 Labor Code. However new edition somewhat complements, concretizes, clarifies it. Part 1 of Article 56 of the Labor Code, which contains the concept of an employment contract, omits the obligation of the employer to provide the employee with working conditions that are not only provided for by the Labor Code, laws and other legal regulations, a collective agreement, agreements, local regulations containing labor law norms, but also the working conditions stipulated in the concluded employment contract. It should be noted that Art. 15 of the Labor Code, this was indicated.
As an element of the labor law system, an employment contract has its own internal structure, which allows it to be considered as an independent system, consisting, in turn, of its constituent elements. Such elements of an employment contract can be: types of employment contract; necessary, essential and additional conditions that form its content, the rights and obligations of the parties, etc.
An employment contract as a section of the Labor Code of the Russian Federation consists of 34 articles with serial numbers 66-90, divided into 5 chapters:
chapter 10. General provisions (articles 66-62);
Chapter 11. Conclusion of an employment contract (Articles 63-71);
chapter 12. Amendment of the employment contract (articles 72 - 76);
Chapter 13. Termination of an employment contract (Articles 77 - 84);
Chapter 14. Protection of personal data of an employee (Articles 85-90).
Familiarization with the above titles of the chapters of Section III of the Labor Code allows us to conclude that an employment contract is a kind of public attitude, existing in space and time, providing a social and legal connection between the persons participating in it. Being regulated by the norms of labor law, this relationship becomes a legal relationship, within which its parties are transformed into subjects, acquiring subjective rights and legal obligations.
An employment contract as a legal relationship has the dynamics inherent in any legal relationship that arises, changes, or terminates. So is the employment contract. It can arise (conclude), change, stop, which is already evident from the title of chapters 10-13 of the Labor Code of the Russian Federation.
Like any other legal relationship, an employment contract has its own composition, which is formed by its elements:
its subjects (parties), which are the employee and the employer;
object, i.e. what lies in the focus of the interests of its participants, what unites them in one legal relationship;
content, i.e. a set of mutual rights and obligations of the parties to an employment contract that correspond to each other.
An employment contract as a legal fact, that is, a legal basis that causes the emergence of labor relations, is named by the legislator in Article 16 of the Labor Code, which says: "Labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with this Code."
In the meaning of the same legal fact, the employment contract is named in articles 17, 18, 19 and a number of other articles of the Labor Code of the Russian Federation.
Considering an employment contract as a bilateral transaction, one should pay attention to the fact that labor legislation imposes requirements on an employment contract similar to those that civil law considers necessary for a valid transaction.
As in a bilateral transaction, two parties are involved in an employment contract - an employee and an employer who have legal capacity and the necessary labor capacity.
An employment contract as an agreement is formalized by an order, order, decision or other act of the employer, which fixes, as it were, the agreement reached materializes - the fact of hiring an employee to work for this employer signing an employment contract with him. As an agreement, an employment contract is manifested in the order (instruction) of the employer on hiring a citizen for work, which must contain two signatures: the employer who issued the order and the employee who has read this order (instruction) on receipt.
In addition, the properties of an employment contract as an agreement of the parties are also manifested in the fact that when concluding an employment contract, its parties - the employer and the employee - must draw up and sign a written document, which is also called an employment contract in the Labor Code.
Employment contract as a written document in accordance with Art. 67 of the Labor Code of the Russian Federation "is drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is transferred to the employee, the other is kept by the employer."
In the previous labor law- in the Labor Code of the Russian Federation (as amended by the Law of the Russian Federation of September 25, 1992), an employment contract as a document signed by the parties was called "an employment contract (contract)".
The difference between an employment contract and civil law contracts is less noticeable than the similarity. In terms of content and external forms, an employment contract has a significant similarity with the named civil law contracts, the subject of which is the performance of a particular work or the provision of a service. In both contracts there are two parties, of which one party provides the work and pays for it, and the other party does the work for the first party and receives payment from it. However, the legal and social consequences of work under an employment contract and under civil law contracts differ significantly.
These differences are already manifested in the fact that only work under an employment contract is included in the length of service of the employee, which gives the right to receive a pension. Only citizens working under an employment contract are subject to compulsory state insurance and, therefore, only they are entitled to receive benefits in case of illness, pregnancy, childbirth, or other temporary disability. In the event of the death of an employee, his dependents become entitled to survivor benefits, etc.
When performing work under a civil law contract, all these socially significant legal consequences do not occur.
Therefore, the delimitation of an employment contract from similar civil law contracts is of great practical importance.
A typical employment contract is presented in the Appendix.

Parties to the employment contract

A general definition of the parties to an employment contract is given in the Labor Code in Article 56 "The concept of an employment contract. Parties to an employment contract", in part 2 of which it is written: "The parties to an employment contract are the employer and the employee."
Such a general definition of the parties to an employment contract is clearly not enough to answer the questions: who exactly can act as an employer and employee, what features and properties should a person have in order to act in the qualities under consideration.
To find answers to the questions posed, we will try to turn to other labor law norms, first of all, to Article 20 of the Labor Code of the Russian Federation "Parties of labor relations". Referring to this article is all the more legitimate because, as was established in the previous chapter of our work, the term "employment contract" in the legal literature and legislation often refers to the legal relationship that exists between the employee and the employer during the period of validity of the labor contract (agreement) concluded by them . Being regulated by the norms of labor law, this legal relationship becomes an employment relationship, which, for brevity, it is quite appropriate to call an employment relationship.
With this approach, the concepts of "labor relationship" and "labor contract" completely coincide not only in content, but also in action in space and time, since labor relations can exist only within the boundaries and within the scope of an employment contract. Consequently, the parties in the employment contract and in the employment relationship will be the same persons. Therefore, the employee and the employer, being parties to an employment contract (part 2 of article 56 of the Labor Code), are at the same time parties to labor relations, defining which the legislator in article 20 of the Labor Code "Parties of labor relations" established:
"The parties to labor relations are the employee and the employer. The employee - individual entered into an employment relationship with the employer. The employer is an individual or entity(organization) that has entered into an employment relationship with an employee. In cases established by federal laws, another entity entitled to conclude employment contracts may act as an employer.
Article 20 of the Labor Code gives grounds to know at the most general level that only an individual can be an employee as a party to an employment contract, and an employer can be an individual or a legal entity (organization), as well as another entity entitled to conclude employment contracts. However, these guidelines are clearly not enough to answer the question: who can be an employer and an employee, what age, educational, psychophysical, legal and other characteristics should a person have in order to act in the qualities under consideration.
Unfortunately, the answers to these and other questions related to the determination of the legal characteristics of the parties to the employment contract are not available in the current labor law. There is no single approach in their definition in the legal literature.
This is explained, first of all, by the fact that the terms "employee" and "employer" are quite new for modern labor law. Until 1998, they were not used in domestic legislation. In the Soviet, and then in Russian labor law that was in force before that, in particular, in the Fundamentals of Labor Legislation of the USSR and Union Republics adopted in 1970 by the Supreme Soviet of the USSR, as well as in the Code of Labor Laws of the RSFSR of 1971, an employment contract defined as "an agreement between a worker and an enterprise, institution, organization".
With the transfer of the country's economy to market regulation, the former names of the parties to the labor contract no longer reflect the essence and purpose of the new labor relations. They began to be based not on the universal right to work guaranteed by the state and the constitutional obligation to work, but on the profit-oriented interests of the employee and the same interests of the employer using his labor.
The term "employer" is often used in the Labor Code, but in different, although close in meaning, meanings.
So, in article 20 of the Labor Code of the Russian Federation, the employer is a party to labor relations, in article 25 - one of the parties to social partnership, in article 56 - a party to an employment contract.
In the legal literature, the employer can also be considered in different roles. For example, K.N. Gusov and V.N. Tolkunova, covering the issues of the General Part of Labor Law ........

List of used literature

1. Berdychevsky V.S., Akopov D.R., Suleimanova G.V. Labor law: Tutorial/ Rev. ed. V.S. Berdychevsky. - Rostov-on-Don: Phoenix, 2010.
2. Voldman Ya. New Labor Code of the Russian Federation // Citizen and Law. - 2002. - No. 5.
3. Golovina S.Yu. Legal regulation labor of certain categories of workers. M., 2013.
4. Guev A.N. Article-by-article commentary on Labor Code Russian Federation. - M.: Delo, 2013.
5. Gusov K.N., Tolkunova V.N. Labor Law of Russia: Textbook. M.: Prospekt, 2014.
6. Egorov V.I., Kharitonova Yu.V. Employment contract: conclusion, change, termination: Textbook. M.: Financial Academy under the Government of the Russian Federation, 2013.
7. Legislation on the labor of civilian personnel //
8. Code of the Russian Federation No. 197-FZ of December 30, 2001 Labor Code of the Russian Federation // Russian newspaper dated December 31, 2001
9. Commentary on the Labor Code of the Russian Federation / Ed. Korshunova Yu.N., Korshunova T.Yu., Kuchma M.I., Shelomova B.A. M., 2012.
10. Kurennoy L. Employment contract: concept, content and procedure for conclusion // Legislation. - 1997. - No. 1. - P.8-11.
11. Samples of employment contracts (according to the new Labor Code of the Russian Federation) / M.Yu. Tikhomirov. - M.: 2003.
12. General theory of law and state: Textbook / Ed. V.V. Lazarev. Moscow: Jurist, 2010.
13. Ozhegov S.I. Dictionary of the Russian language / Ed. N.Yu. Shvedova. M.: Russian language, 1981.
14. Article-by-article scientific and practical commentary of part two Civil Code Russian Federation / under the general editorship of A.M. Erdelevsky, - Agency (CJSC) "Library RG", - M., 2001.
15. Predko N.V., Khokhlov E.B. The content of the employment contract // Jurisprudence. -2000. - No. 5. - S. 59 - 77.
16. Theory of State and Law: A Course of Lectures / Ed. M.N. Marchenko. M.: Zertsalo, 1998.
17. Labor law: textbook. / N. A. Brilliantova, I. Ya. Kiselev [and others] / ed. O. V. Smirnova. - M.: TK Velby, Publishing House Prospekt, 2004.
18. Labor Law: Textbook / Ed. O.V. Smirnova. M.: Prospekt, 2003.
19. Labor law of Russia: Textbook / Ed. S.P. Mavrina, E.B. Khokhlova. M.: Jurist, 2013.
20. Chikanova L. Employment contract // Economy and law. 2002. - No. 5. - S.10-11.

In accordance with Art. 16 of the Labor Code of the Russian Federation, an employment contract is the basis for the emergence of labor relations. The concept of an employment contract is disclosed in Art. 56 of the Labor Code, where TD is understood as an agreement between an employee and an employer, in accordance with which the employer undertakes to provide the employee with work, provide him with safe working conditions and pay wages in a timely manner, the employee undertakes to personally perform a certain labor function and obey the labor regulations.

Article 57 reveals the content of the TD. Conventionally, the content is divided into 3 parts:

1. The first part is informative, where the designations of the parties, their details are indicated

2. The second part - mandatory conditions labor contract. It includes the place of work, work function, working hours, wages, compensation and social insurance

3. The third part is optional. It may include any other conditions on additional insurance, for example, on the provision of a car, housing, telephone, computer for personal use and other aspects.

The TD is necessarily concluded in writing and one copy of the contract is handed over to the employee. The TD is signed on behalf of the employer by the sole executive body or another person authorized by him, and certified by a seal. When concluding a TD with the general director on behalf of the employer, the TD is signed either by the person presiding over the meeting, or by another person appointed by the general meeting.

In cases where the TD is not concluded in writing, labor relations are considered to have arisen from the moment the employee is actually admitted to work. Unlike civil law, if any conditions are not included in the TD, incl. binding, it cannot be invalidated. Only certain documents can be recognized as illegal.

TD provides for the indication of the date from which the employee begins to perform duties, if the date is not specified in the TD, then the employee begins to perform duties on the next day. If the employee has not started to perform labor duties within the prescribed period, the TD can be canceled by the employer without clarifying the reasons (Article 61 of the Labor Code). To cancel a TD, it is necessary to issue an order to cancel the TD.

Place of work should not be confused with the workplace.

Labor function - a set of actions of an employee that are necessary to fulfill the duties of the position. It can be defined directly in the employment contract (the most incorrect approach) or in the employment contract make reference to job description and other local acts of the employer (correct approach).

In fixed-term employment contracts, there is an indication of the end date of the employment contract, it can be determined by an indication of an astronomical date, an indication of an event (the main employee's exit from vacation to work), after signing the acceptance certificate.

The criterion for the main work is not salary, not the number of hours worked, but the one where the employee's work book is located. All other work is recognized as part-time work. A part-time job with the same employer is internal combination, work with another employer - external part-time job.

Salary. The TD may indicate a specific amount of payment, as well as additional payments, or a reference article to local regulations, for example, to the regulation on remuneration (sometimes the term "in accordance with the staffing table" is used). If the amount is indicated in a foreign currency, then the exchange rate at which it is paid must be indicated.

Work time- the time during which the employee is obliged to carry out his duties. Time bought by the employer.

All other terms of the employment contract are additional: probationary period, social insurance, conditions for granting mobile phones, means of transport and something else.

Probation is established by persons in order to check the employee assigned work. The length of the probationary period, as a general rule, cannot exceed three months. For some categories: CEO, his deputy, chief accountant, the duration of the probationary period cannot exceed 6 months. At the end of the probationary period, if he is not fired, he is considered to be successfully coping with labor functions. Before the end of the probationary period, the employee may be dismissed on the grounds provided for in Art. 71 of the Labor Code of the Russian Federation, as having failed the test. At the same time, the employer is obliged to notify the employee of the termination of the employment contract at least 3 days in advance. The employee can quit before the end of the probationary period by notifying the employer 3 days in advance.

The probationary period is the terms of the employment contract, that is, it has already been concluded.

The conclusion of an employment contract is the basis for issuing an order for employment and making an entry in the work book. If the employee has not broken into work, the employment contract is considered not concluded, it can be canceled (Article 61 of the Labor Code of the Russian Federation). The order is communicated to the employee. He must sign it as proof that he was aware. (set the date).

If the employee has not submitted a work book, the employer is obliged to file a work book for the employee no later than 5 days. The absence of a work book is not grounds for refusing employment.