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An employment contract has been signed. How is an employment contract different from a contract? Working hours and social guarantees

in a person acting on the basis of , hereinafter referred to as " Employer”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Employee”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The employee is accepted to the Employer to perform work in a position in.

1.2. The employee is obliged to start work from "" 2020.

1.3. This employment contract comes into force from the moment it is signed by both parties and is concluded for an indefinite period.

1.4. The work under this contract is the main one for the Employee.

1.5. The place of work of the Employee is at: .

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee reports directly to the General Director.

2.2. The employee is obliged:

2.2.1. Perform the following duties: .

2.2.2. Comply with the Internal Labor Regulations established by the Employer, production and financial discipline, conscientiously treat the performance of their official duties specified in clause 2.2.1. of this employment contract.

2.2.3. Protect the property of the Employer, maintain confidentiality, not disclose information and information that is a trade secret of the Employer.

2.2.4. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without the permission of his management.

2.2.5. Comply with the requirements of labor protection, safety and industrial sanitation.

2.2.6. Contribute to the creation of a favorable business and moral climate at work.

2.3. The employer undertakes:

2.3.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (works) not stipulated by this employment contract, only in cases provided for by the labor legislation of the Russian Federation.

2.3.2. Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.

2.3.3. Pay for the work of the Employee in the amount established in clause 3.1. of this employment contract.

2.3.4. Pay bonuses, remuneration in the manner and on the conditions established by the Employer, provide material assistance, taking into account the assessment of the personal labor participation of the Employee in the work of the Employer in the manner established by the Regulations on remuneration and other local acts of the Employer.

2.3.5. Carry out compulsory social insurance of the Employee in accordance with the current legislation of the Russian Federation.

2.3.6. To pay, in case of production necessity, in order to improve the qualifications of the Employee, his training.

2.3.7. Familiarize the Employee with the requirements of labor protection and the Internal Labor Regulations.

2.4. The employee has the following rights:

the right to provide him with the work specified in clause 1.1. this employment contract;
the right to timely and full payment of wages;
the right to rest in accordance with the terms of this employment contract and the requirements of the law;
other rights granted to employees by the Labor Code of the Russian Federation.

2.5. The employer has the right:

encourage the Employee in the manner and in the amount provided for by this employment contract, the collective agreement, as well as the terms of the legislation of the Russian Federation;
bring the Employee to disciplinary and material liability in cases provided for by the legislation of the Russian Federation;
exercise other rights granted to him by the Labor Code of the Russian Federation.

3. CONDITIONS OF PAYMENT OF THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is paid an official salary in the amount of rubles per month.

3.2. When performing work of various qualifications, combining professions, working outside the normal working hours, at night, weekends and non-working holidays, etc. The employee receives the appropriate additional payments:

3.2.1. Weekend work and non-working holidays are paid double.

3.2.2. An employee who performs for the same employer, along with his main job, stipulated by an employment contract, additional work in another profession (position) or performs the duties of a temporarily absent employee without being released from his main job, is paid an additional payment for combining professions (positions) or performing duties of a temporarily absent employee in the amount determined by the supplementary agreement to this contract.

3.2.3. Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. At the request of the Employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

3.3. Downtime due to the fault of the employer, if the Employee warned the employer in writing about the beginning of the downtime, is paid in the amount of at least two thirds of the average salary of the Employee. Downtime for reasons beyond the control of the employer and the Employee, if the Employee warned the employer in writing about the start of downtime, is paid in the amount of at least two thirds of the tariff rate (salary). Downtime due to the fault of the Employee is not paid.

3.4. The conditions and amounts of payment by the Company to the Employee of incentives are established in the collective labor agreement.

3.5. The Employer pays wages to the Employee in accordance with the "Regulations on wages" in the following order: .

3.6. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.

4. MODE OF WORKING TIME AND REST TIME

4.1. The employee is set a five-day working week with a duration of 40 (forty) hours. Days off are Saturday and Sunday.

4.2. During the working day, the Employee is given a break for rest and meals from 1:00 to 10:00, which is not included in working hours.

4.3. Labor of the Employee according to the position specified in clause 1.1. contract is carried out under normal conditions.

4.4. An employee is granted annual leave of 28 calendar days. Leave for the first year of work is granted after six months of continuous work in the Company. In cases provided for by labor legislation, at the request of the Employee, leave may be granted before the expiration of six months of continuous work in the Company. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid holidays established in this Company .

4.5. For family reasons and other valid reasons, the Employee, upon his application, may be granted a short-term leave without pay.

5. SOCIAL INSURANCE OF THE EMPLOYEE

5.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.

6. WARRANTY AND REFUND

6.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

7. RESPONSIBILITIES OF THE PARTIES

7.1. In the event of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation of labor legislation, the Employer's internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.

7.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.

7.3. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and (or) inaction of the Employer.

8. TERMINATION

8.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.

8.2. The day of termination of the employment contract in all cases is the last day of the Employee's work, except for cases when the Employee did not actually work, but the place of work (position) was retained for him.

9. FINAL PROVISIONS

9.1. The terms of this employment contract are confidential and not subject to disclosure.

9.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

9.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.

9.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

9.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.

10. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Employer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

Employee Registration: Postal address: Passport series: Number: Issued by: By: Phone:

11. SIGNATURES OF THE PARTIES

Employer _________________

Employee _________________

Getting a job, we notice that some organizations conclude employment contracts with their employees, and some - contracts. Consider the difference between an agreement and a contract.

Labor contract

The labor contract came to us from abroad. In the US, this is the main document in hiring. On what principles does it operate? The contract is valid from 1 to 5 years. Then, it is either extended or terminated. Extension and termination of the contract is warned two weeks in advance. The important thing is that if the contract is terminated unexpectedly (i.e., during the period when it still has to be valid), then the employer pays compensation to his employee. The contract clearly states the place of work, conditions, position, profession and specialization of the employee, the rights of the parties, the method of remuneration, additional bonuses, bonuses and dates. The contract ceases to be valid if: its term expires, labor protection rules are violated (injury, death), violation of certain points by the employee or employer, violation of discipline, failure to perform labor duties.

Labor contract

Now consider the employment contract. This document is not limited by any deadlines and is based on the Labor Code of the Russian Federation. An employment contract is an agreement (oral or written) between an employee and an employer, in which the employee undertakes to perform certain work, with clearly specified duties, schedule and conditions. The employer is obliged to provide the employee with his workplace and the necessary equipment. The employment contract clearly indicates information about the employee and the employer, place of work and profession, duties and rights of the employee, work and rest schedule, wage conditions, and the availability of a social package. The employment contract terminates: upon agreement of the parties, termination of the employment contract by the employee or employer, due to force majeure, due to the liquidation of the organization, non-fulfillment of duties by the employee, violation of discipline, absenteeism, gross violation of labor protection rules.

An important difference between the two documents: an employment contract can be terminated by both the employee (2 weeks notice) and the employer; the contract can only be terminated by the employer, subject to a gross error on the part of the employee or on his own initiative, but with payment of compensation. To date, most of our codes are being drastically reformed, and accordingly, the employee can simply be used by the employer. The employment contract is a document of the past. Due to such a document, it is much easier to violate the rights of an employee and force him to leave of his own free will. As for the contract, the situation is the opposite. The employer is interested in the employee, and accordingly, the contract guarantees 98% that the person will hold on to his job for the full duration of the contract. So, there is a little confidence in the future, in contrast to the employment contract. In addition, the contract clearly spells out the nuances that cannot be violated, which means that the employee retains his rights and clearly understands his duties, which are spelled out in black and white in the contract. Everything that is not in the contract - that the employee is not obliged to do. A contract is more reliable than an employment contract. Therefore, it is likely that in the coming years, many organizations will switch to a contractual form of employment.

After signing the agreement, the parties have mutual rights and obligations, which they must strictly observe. According to him, the citizen undertakes to work and obey the working order in force in the organization, and the employer undertakes to provide the citizen with the work stipulated by the document and pay wages on time.

Before concluding an employment contract, the employer is obliged to familiarize the future employee with the local regulations of the organization, job description, working hours, terms of remuneration. After that, the completed contract forms are signed, an order is issued to hire a person and an appropriate entry is made in his work book.

Employment contract, form

The meaning of the employment contract

According to Art. 37 of the Constitution of the Russian Federation, each citizen can independently choose his occupation and specialty. Work must be carried out in conditions that do not contradict the requirements of safety and hygiene. And the remuneration must be paid by the employer on time and in full twice a month.

The contract, completed and signed by the parties, is a fundamental legal fact that determines the emergence, change and termination of service relations between the employer and the employee. It establishes the legal relationship between the worker and the employer and is a set of legal norms that regulate the service relations between the parties who signed the document. A sample employment contract with an employee in 2020 can be downloaded in our article.

It is necessary to distinguish an employment contract from contracts of a civil law nature (contract, copyright, performance of a certain type of work). Despite their similarities, they differ in the following ways:

the subject of the employment contract is the work of the employee. The subject of civil law contracts is already the end result (book, painting, project);
an employment contract involves the personal performance of work, it cannot be redirected to another contractor. In civil law, this obligation must be fixed in the text of the document itself;
under an employment contract, the employee must obey the internal regulations in the organization. There is no such obligation in civil law;
under an employment contract, the employer must create normal and safe working conditions. Under civil law, the employee independently organizes his workplace.

Types of employment contracts

Most often, an employment contract with employees (a completed sample can be viewed in our material) is concluded for an indefinite period of time, that is, it does not specify the duration of the document. But in some cases, it may set time limits depending on the nature of the work or the conditions in which it will be performed. Such cases are considered in Part 1 of Article 59 of the Labor Code of the Russian Federation.

By validity period:

imprisoned for an indefinite period;
concluded for a fixed period (no more than 5 years).

It should be noted that a fixed-term employment contract may become indefinite. If, after the expiration of the time specified in it, the employee continues to work, the document loses its urgency and is considered concluded for an indefinite period. In this case, a new, unlimited, contract can not be drawn up.

At the same time, an open-ended contract can become fixed-term, but this must be justified by clauses Art. 59 Labor Code of the Russian Federation. To switch, you need to terminate the previous one and conclude a new contract for a certain period.

By the nature of the working relationship:

according to the main place of employment;
at work part-time (part-time work is impossible without the conclusion of an employment contract, this is the main condition for this type of employment);
temporary work (if the nature of the work requires it to be completed in less than 2 months. It can also be when replacing an employee who is on sick leave);
short term contract;
with seasonal workers;
with employees working from home;
about the state (municipal) service.

It must be borne in mind that labor legislation and other legal acts related to labor relations do not apply to certain categories of citizens, provided that they are not employers or their representatives:

military personnel in the performance of their military duties;
persons working on the basis of civil law contracts;
other persons established by the Federal Law ( Art. 11 Labor Code of the Russian Federation).

By type of employer:

agreements concluded with organizations - legal entities and individual entrepreneurs;
contract with an individual. In this case, the employer is an individual without registration of IP. Most often, such employers conclude a contract with service personnel.

Sample employment contract (2020)

Depending on the legal status of the employee:

signed with minor citizens;
prisoners with persons who perform family duties;
issued with foreigners;
signed with stateless persons.

According to the nature of working conditions, the division is as follows:

under normal working conditions;
taking into account employment at night;
prisoners with citizens working in the regions of the Far North and in the territories equated to them;
in hazardous work conditions.

Types of employment contract depending on the amount of work performed:

about the main work;
about part-time work.

In the first case, the employee works full-time for the employer all day. This is where he keeps his workbook.

In the second, a person works in his spare time from his main job. Such work cannot last more than four hours a day. The document signed with the employee indicates that the work performed is precisely part-time work. Such a document can be concluded both at the main place of employment, and with another employer. At the same time, it is possible to conclude contracts for part-time work with an unlimited number of employers, with the exception of exceptions established by the legislation of the Russian Federation.

It is not allowed to conclude part-time contracts with persons under 18 years of age, as well as with those whose main work is classified as difficult or performed in hazardous working conditions, if part-time employment implies the same characteristics.

Of particular note are the contracts concluded with senior employees. When compiling them, there are some features, in comparison with other categories of workers, which need to be paid special attention.

Form of employment contract

Let's answer the question: in what form is the contract concluded? For this, it is used, approved by Decree of the Government of the Russian Federation No. 858 of 08/27/2016.

The 2020 employment contract (a sample can be downloaded in our article) is drawn up in writing in two copies. Each copy is signed by the director and employee. One is transferred to the employee, the second is kept by the employer. As a sign of receipt of a copy, the employee must put a personal signature on a document kept by the employer.

If the employee started work with the knowledge of the employer, the contract is considered concluded, even if it was not executed in writing. Despite this, the document should be drawn up and signed within three days. The form of an employment contract with an employee (2020) can be downloaded for free in our material.

Also, for some professions, an employment contract form can be downloaded at the end of the article.

Parties to the employment contract

The parties are the employee and the employer.

An employee is an individual who is at least 16 years old. The law does not prohibit the signing of a contract with 14-year-olds. But some conditions must be met:

work should be easy;
not disrupt the learning process;
the presence of the consent of the official representative, most often they are the parents of a teenager.

If a young child is needed, for example, for a role in a movie or theater, then in addition to the previous conditions, there must be the consent of the guardianship authorities. As well as proof that the work will not cause physical or psychological and moral harm to the child.

The employer is a legal or natural person who is not prohibited from entering into employment contracts.

According to article 57 of the Labor Code of the Russian Federation, the document must contain the following information:

FULL NAME. the employee and the name of the employing company;
passport details of the employee (and the employer, if he is an individual);
TIN of the employer;
date and place of signing the employment contract.

Mandatory for inclusion in the document are information relating to the professional activities of a person:

place of work. Usually it is the organization itself. If the organization has structural divisions, then the division specified in the employment contract is considered the place of work;
position according to the staff list;
date of commencement of work (if a fixed-term contract is concluded, the period of its validity is indicated);
terms of remuneration (including the tariff rate, additional payments, allowances and incentive payments);
mode of work and rest. If they differ from the general rules established in the organization, then they need to be discussed with the job applicant;
guarantees provided by the employment contract;
the nature of the work;
working conditions in the workplace.

It may also include the rights and obligations of the employee and the employer established by the Labor Code and internal regulations of the organization.

In addition, the employment contract may include additional conditions:

about the trial period;
on non-disclosure of trade secrets;
on non-disclosure of legally protected secrets;
on the types and conditions of additional employee insurance;
on the obligation of the employee to work for a certain period after training, which was carried out at the expense of the employer;
about liability and others.

These data must contain an employment contract (sample 2020, you can download the form in our material). The completed document is signed by the parties. For non-compliance with the rules for drawing up a contract by a labor inspector in the event of checking personnel documentation, an administrative fine may be imposed.

If it is necessary to make changes to it, new information can be issued in the form of an additional agreement.

The structure of the employment contract

As a rule, the document consists of several sections, each of which spells out the rights and obligations of the employer and employee. Typically, a contract contains the following sections:

Data of the parties: name of the organization, address, full name head, full name applicant for the position, his contact details.
The following usually contains an indication of the position and division of the enterprise where the applicant will work.
The next paragraph of the employment contract is a description of the rights and obligations of the parties. It specifies the duties of the employee, which he must perform in accordance with the job description developed at the enterprise. As well as the obligations of the employer. These include paying salaries on time, providing a subordinate with a safe workplace, inventory, and so on.
The next section regulates the modes of work and rest. The wage rate, internal regulations are specified.
There may be a section with additional conditions that do not fall into the main parts of the contract.
At the end, the signatures of the parties and the date are put.

If at the conclusion of the contract some of the information or conditions listed by us were not included, this is not a basis for recognizing it as invalid or a reason for termination. The document must be supplemented with missing information. They can be entered either in the text itself, or specified in a separate agreement of the parties. The additional agreement must also be drawn up in two copies and signed by each of the parties.

Termination of the employment contract

An employment contract can be terminated at the initiative of the employee, that is, at his own request, and at the initiative of the employer.

Termination at the initiative of the employee occurs when writing a letter of resignation. Usually in this case, no difficulties arise, in contrast to the termination of the employment relationship at the initiative of the employer.

Termination of the employment contract by the employer is allowed before the end of the probationary period with a three-day warning in writing. If the probationary period was successfully completed, then the termination of the employment contract can only be in the following cases:

liquidation of the enterprise;
downsizing;
repeated failure by the employee to fulfill his duties, as well as repeated appearance at the workplace in a state of alcoholic, narcotic and other intoxication;
committing theft, embezzlement, intentional infliction of material damage;
other cases specified Art. 81 of the Labor Code of the Russian Federation.

Storage of the employment contract

After filling out the form of an employment contract, it remains only to sign it, expressing agreement with all the conditions specified in the document. As we already wrote, it is compiled in two copies, one of which is given to the hands of a newly minted employee, and the second remains in the organization. The signed document is stored in the personnel department.

The contract must be kept in the organization for 75 years, in accordance with paragraphs 656, 657 of the List of standard documents approved by Order of the Ministry of Culture of the Russian Federation No. 558 of 08/25/2010, or until the liquidation of the enterprise.

In the process of hiring a person, the employer must necessarily offer the hired person to sign a paper that would contain the rights and obligations of both parties. In most cases, the future employee is invited to sign an employment contract for an indefinite period, but in some cases, a contract. Assuming that these are synonyms, many people are deeply mistaken and, as a result, fall into a legal "trap".

It is in order to avoid subsequent problems in relations with the employer and not to spoil your reputation with litigation, and it is worth considering what is the difference between these two types of documents.

Why does such a question arise?

The whole point is that a contract is a much more rigid document, than a contract. "Contract" in Latin means "deal", which emphasizes its specificity. The contract assumes that the employer and the employee are bound by the obligations established on paper, the failure to fulfill which gives the injured party the full right to apply to the court for damages.

The treaty in this sense is rather symbolic and contains only general formulations of rights and obligations. The document is a confirmation that the employee is really employed in the organization, and other aspects of his work are regulated by the Labor Code of the Russian Federation.

Thus, the signed contract significantly limits the employee's actions, not allowing, for example, to quit at will, which, of course, is not to everyone's liking. That is why it is worth paying attention to whether a contract or an agreement is given to be signed when applying for a job, especially if you are not going to stay in this organization for years.

Differences between a contract and an agreement

The employment contract gives the employee the right to quit their job at any time (of course, having warned the authorities a month in advance) and does not contain information about the terms of employment, that is, it is indefinite. It is not necessary to renew the employment contract. In the same time the contract strictly fixes the terms and is usually concluded for a period of 1 to 5 years. After this time, the employee may be asked to renegotiate the contract, that is, to sign a new one, or denied if the qualifications, education, or possibly age do not allow the employee to perform his job effectively and achieve the goals set by the organization.

The company is not required to inform the employee of the reasons for its refusal, nor is the employee required to explain why he no longer wants to work at this place of work, however, they are obliged to inform each other of their intentions two weeks before the expiration of the contract. In this regard, the company and the employee are equal in rights.

At the same time, if one side or the other wants to terminate cooperation ahead of schedule, this will be impossible. The contract must be worked out to the end, therefore, the company will be obliged to pay the employee his salary for the entire period fixed on paper, in any case. In the opposite situation, if the employee himself does not want to work for the company anymore, this will most likely lead to a lawsuit and a fine.

Finally, another difference is that the contract regulates not only the term for which the employee is hired, but also other important points, such as:

conditions under which the employer can terminate the contract unilaterally. Thus firms are insured against incompetence or indiscipline of employees. Such a condition may be, for example, a low score when passing a professional certification;
amount of compensation which the person wishing to terminate the contract must pay the other party. It is also likely that the amount of compensation for non-compliance with other clauses of the contract will be prescribed;
amount of liability an employee for possible damage (damage to equipment, theft);
employee incentive measures to increased productivity, such as an increase in NPV (hourly rate) or more vacation days.

These are not all the items included in the employment contract. Benefits for employees (for example, the provision of a budgetary place in kindergarten) and additional responsibilities (for example, the obligation to go on business trips) may also be reflected. That is why it is necessary to devote enough time to studying an employment contract to pay attention to all the little things (many even take the contract form home or take it to a law office).

Superficial familiarization can lead to the fact that the employee will be in really onerous conditions. The contract is more often a standard form containing template information.

Is the contract even legal?

Such a question may also arise, given that this term has not appeared in the Labor Code of the Russian Federation since 2002. However, The law does not prohibit the conclusion of contracts, and, as you know, what is not forbidden is allowed. Without fail, the word "contract" is still used in one case. We are talking about state and municipal orders, which are issued mainly in the contract form.

There are several reasons why a contract is used:

The conditions for municipal and state orders are severely limited by the provisions of the Law on Placement of Orders. The contract is inappropriate, if only because the principle of its freedom is severely limited by the legislator.
The conclusion of a state contract requires the passage of such important procedures from a legal point of view as an auction and bidding.
Financing comes from public sources, which again is indicated by the term "contract".

Thus, the concept of "contract" fully reflects the specifics of the state order.

Agreement or contract: the practice of leading countries

While in Russia both the contract and the contract are used when hiring personnel, other countries follow a different policy. The system of contracts is very highly developed in the USA, which is a consequence of the new economy. Leading experts in the field of management suggest that the contract system is the future due to the increasing mobility of the workforce.

Fewer people remain loyal to their Alma Mater, trying to get as many varied experiences as possible. The same experts determined that the optimal period of work in one place is 3 years, after which the employee begins to lose efficiency and needs to be shaken up. Wall-Street firms have been using this system for a long time, swapping their financial analysts with each other.

Another attitude is in Japan, where lifetime employment is practiced. Contracts in Japan are practically not used, because when hiring, the employee is asked to sign an open-ended contract, the violation of the terms of which is condemned by society. Such a system is a tribute to centuries-old Japanese traditions.

In any case, you need to pay attention to the content of the paper that is signed when applying for a job. However, in the case of a contract, one should be more attentive to details and careful.

Document file size: 27.1 kb

If the Company intends to take on a new employee, according to the law, it is obliged to conclude an employment contract with him. This type of contract implies a clear description of all aspects of cooperation between both parties.

The main provisions of the employment contract

First of all, the contract should indicate what position the employee is hired for, for what duties he is hired. Further, the Enterprise prescribes the period for which the contract is concluded with the Employee.

The next section of the agreement describes the position that the Employee occupies in the workforce of the Enterprise.

Main obligations of the parties

The enterprise must clearly prescribe the list of the main duties of the Employee. Also, at its discretion, the Company may include in this section of the contract certain results that it intends to receive from the employee for the period of his work. The following describes the basic requirements for the Employee and his job responsibilities.

In turn, the enterprise undertakes to provide the employee with decent working conditions, providing him with a workplace, providing him with special clothing and timely and full remuneration.

The procedure for remuneration, the amount of payments and the amount of possible incentives is prescribed by the Company in section 5 of this agreement.

Working hours and social guarantees

The Company undertakes to form a certain work schedule for the Employee, taking into account the time for rest and the annual main vacation. The Company also provides the employee with the possibility of social security and insurance for the entire period of work. The Employer may also indicate the possibility of providing the Employee with special benefits and services:

payment of benefits;
provision of spa treatment on an annual basis;
provision of a service apartment.

The employee can also count on compensation in case of premature termination of the contract by the Company.

Form of employment contract with an employee

Sample employment contract with an employee (filled out form)

Download Employment contract with an employee

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EMPLOYMENT CONTRACT with employee No.

in a person acting on the basis of , hereinafter referred to as " Company", on the one hand, and a citizen, passport (series, number, issued) residing at the address, hereinafter referred to as " Employee”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. is hired by the enterprise as; to a position to perform work duties;

2. TERM OF THE CONTRACT

2.1. The contract is concluded between the Company and the Employee for a period of years and is valid from "" to "" years; For undefined period; for the duration of the performance of the work stipulated by this Contract (delete the unnecessary).

3. GENERAL CONDITIONS OF THE CONTRACT

3.1. By concluding this contract, the Employee takes into account that the Company is.

3.2. Performing his immediate labor duties in accordance with this Contract, the Employee will proceed from the Charter (Regulations) of the Enterprise.

3.3. The employee reports directly to the manager, as well as to the Director of the Enterprise.

3.4. The employee is a full member of the labor collective of the Enterprise, participates with the right of a decisive vote in the activities of its general meeting (conference).

3.5. The employee has the right to express his personal opinion on any issue of the Company's activities.

3.6. The employee has the right, if necessary, to get acquainted with the internal labor regulations of the Company, the collective agreement and labor legislation.

3.7. The employee is guaranteed the unhindered exercise of the right to join a trade union. Discrimination of an Employee in terms of time and rest time, remuneration and other essential working conditions due to his participation in a trade union is not allowed.

4. OBLIGATIONS OF THE PARTIES

4.1. The employee undertakes:

perform the following work in accordance with their profession, specialty, qualification (position): ;
during the term of the contract to achieve the following results;
conscientiously, timely, at a high professional level and accurately fulfill their labor duties, comply with the internal labor regulations of the Company, use all working hours for productive work, refrain from actions that prevent other employees from performing their labor duties;
take care of the safety of equipment, raw materials, finished products and other property of the Company, as well as the property of other employees;
timely and accurately execute the orders of the Director of the Enterprise and the immediate supervisor;
by order of the Director of the enterprise to go on business trips;
not to disclose, without the consent of the immediate supervisor, the scientific, technical and other commercial and confidential information obtained during the work;
immediately notify the administration of the Enterprise about the violation of production technology, failure to comply with labor standards, cases of theft and damage to the property of the Enterprise.

4.2. The enterprise undertakes:

provide the Employee with work in accordance with the terms of this Contract;
provide the Employee with the working conditions necessary for the performance of his duties under this Contract, including providing the employee with the necessary technical and material means in good condition;
equip the workplace of the Employee with the following equipment;
provide the Employee with the following special clothing, special footwear and other personal protective equipment; organize proper care for these equipment;
comply with labor laws and labor protection rules;
ensure the terms of remuneration, norms of working time and rest time in accordance with this Contract and current legislation;
to provide the Employee with an increase in qualifications and growth of professional skills at his own expense during the days of the year;
ensure the safety of personal property, tools, vehicles of the employee on the territory of the enterprise;
provide a car for business trips or pay compensation when using a personal car for official purposes in the following order;
in the event of the death of the Employee or the onset of his disability in the performance of labor duties, continue to pay until the expiration of the contract to his family or to him the amount in the amount of the average earnings received by the Employee during the time of work under the Contract;
ensure that the introduction of new machinery and equipment does not worsen working conditions; take the necessary measures to protect the health and safety of the Employee when working with new equipment and in new conditions.

All costs under this sub-item are borne by the Company.

5. PAYMENT

5.1. For the conscientious performance of labor duties during the monthly norm of working time, the Employee is guaranteed the payment of an official salary (tariff rate) in the amount of rubles per month. The official salary (tariff) increases depending on the index of the cost of living determined by the legislation.

5.2. The employee has the right to receive various allowances, additional payments, bonuses, and other remunerations based on the results of his activities in accordance with the remuneration system in force at the Company.

5.3. The employee is set the following remuneration based on the results of work for the month (quarter) according to the following indicators and in the amount of: .

5.4. The employee is paid remuneration based on the results of work for the year in the amount of rubles.

6. WORKING AND REST TIME

6.1. The employee is set a normalized (non-standardized) working day.

6.2. The monthly norm of working time is . Normal hours of work must not exceed 8 (4) hours per day. Breaks for rest and meals are not included in working hours. Overtime overtime is paid at double the rate for each hour.

6.3. The time of the beginning and end of the working day, as well as a break for rest and meals, is determined by the Internal Labor Regulations of the Enterprise and the orders of the managers.

6.4. The normal duration of the working week, as a rule, should not exceed 41 (20.5) hours per week. Overtime work in excess of the normal working week is paid at double the rate for each hour. Days off are provided to the Employee in accordance with the internal labor regulations of the Company.

6.5. It is allowed, as necessary, to overwork in excess of the normal working hours, but at the same time, the working hours for the accounting period (month) should not exceed the normal number of working hours (hours).

6.6. Night time is considered from 10 pm to 6 am. Night work is paid at half the rate.

7. VACATION

7.1. The employee has the right to annual basic leave lasting calendar days. Depending on the results of the work, he may be granted additional leave. Financial assistance in the amount of rubles is paid for annual leave.

8. SOCIAL INSURANCE AND SOCIAL SECURITY

8.1. The Employee during the period of the Contract is subject to social insurance and social security in accordance with the current legislation on labor and social security.

8.2. In case of permanent disability (disability) as a result of an accident at work, the employee is paid in addition to the one-time allowance established by law in the amount of salaries.

8.3. In case of disability due to illness or as a result of an accident not related to production, the Employee is paid a lump-sum allowance in the amount of salaries.

8.4. In the event of the death of the Employee during the period of the contract, his family is paid in addition to the allowance established by law in the amount of salaries.

8.5. In case of temporary disability, the employee is paid the cost of medicines and paid services of medical institutions, in the amount of .

9. WELFARE SERVICE

9.1. Social services for the Employee are carried out by the management of the Company in accordance with the decision of the general meeting of the labor collective and at the expense of funds allocated for these purposes.

9.2. The employee is provided with the following services and benefits for social services that are not established by applicable law:

payment of a one-time allowance for annual leave in the amount of;
annual provision to the Employee and members of his family of vouchers to a sanatorium or rest home with payment by the employee of % of the cost of the voucher;
provision of an apartment to the Employee on the terms of .

10. MODIFICATION, EXTENSION AND TERMINATION OF THE CONTRACT

10.1. Changing the terms of the contract, its extension and termination is possible by agreement of the parties at any time.

10.2. Upon expiration of the Contract, it shall be terminated. This rule does not apply to cases where the employment relationship actually continues and neither party has requested its termination. In this case, the Contract is extended for the same period and with the same conditions.

10.3. The contract is subject to early termination at the initiative of the Employee in the event of:

his illness or disability preventing the performance of work under the Contract;
violation by the management of the Enterprise of labor legislation or this Contract;
other good reasons;

10.4. The contract before its expiration may be terminated at the initiative of the Company for the following reasons:

changes in the organization of production and labor (liquidation of the Enterprise, reduction in the number or staff of employees, changes in working conditions, etc.);
discovered inconsistency of the Employee with the work performed in the absence of guilty actions on his part;
guilty actions of the Employee (systematic non-fulfillment of labor duties without valid reasons, absenteeism, appearing at work in a state of intoxication and other violations of labor discipline, disclosure of trade secrets, violation of clauses 12.3 of this Contract, theft, etc.).

10.5. Dismissal at the initiative of the Company is carried out on the basis of the relevant conclusion of the head of the structural unit of the Company, while observing the requirements of labor legislation.

11. COMPENSATION AT THE TERMINATION OF THE CONTRACT

11.1. Upon termination of the Contract on the grounds provided for in paragraphs 10.3 and 10.4, the Employee is paid a severance pay in the amount of the average monthly salary. Upon termination of the Contract on the grounds provided for in clause 10.4, the Employee also retains the average monthly earnings for the period of job search during the second and third months from the date of dismissal, if he registered with the employment service as a job seeker within 10 calendar days after dismissal .

11.2. Subject to the termination of the contract (for valid reasons), along with the payments provided for by the current legislation and this Contract, the Employee is also paid a one-time allowance in the amount of rubles.

12. SPECIAL CONDITIONS

12.1. The enterprise serves as the main place of work for the Employee; The employee is hired at the Enterprise on a part-time basis (strike out the unnecessary).

12.2. Labor functions that do not follow from this Contract may be carried out by the Employee within the Company only with the consent of the head of the structural unit and the director of the Company.

12.3. The Employee does not have the right to perform work under contracts with other enterprises and organizations related to this Contract, as well as to engage in any other type of activity in other enterprises and organizations if this may cause economic or other damage to the Enterprise. Failure to comply with this paragraph is sufficient grounds for the dismissal of the Employee.

12.4. The Enterprise pays the Employee within days after the conclusion of the Contract a one-time allowance in the amount of rubles. The allowance is not a form of remuneration.

12.5. The enterprise pays the Employee rubles on a monthly basis.

12.6. All materials created with the participation of the Employee and on the instructions of the Company are the property of the Company.

12.7. The Parties undertake not to disclose the terms of this Contact without mutual consent.

12.8. The terms of this Contract may be changed only by agreement of the parties.

12.9. The Parties are responsible for the fulfillment of obligations under this Contract in accordance with applicable law.

12.10. Disputes arising between the parties to the Contract shall be resolved in accordance with the procedure established by the current legislation.

12.11. In all other respects not provided for by this Contract, the parties are guided by the norms of the Labor Code of the Russian Federation and the Charter (Regulations) of the Enterprise.

13. OTHER TERMS

13.1. This Contract is made in two copies: one for each of the parties and is considered valid only if there are signatures of both parties: the Employee and the Enterprise, certified by the seal of the latter.