home › Inheritance and donation › The obligation of the employer to conclude an employment contract. What should I do if they did not conclude an employment contract with me or did not hand it over to me? Signing an employment contract

The obligation of the employer to conclude an employment contract. What should I do if they did not conclude an employment contract with me or did not hand it over to me? Signing an employment contract

In the practice of working with hired personnel, situations sometimes arise when the work of employees is needed not on an ongoing basis, but for some time. In this case, it is worth concluding a fixed-term employment contract with such employees. Unlike ordinary (termless), such contractual relations cannot last longer than the time specified by law.

Fixed-term contracts have their own nuances of conclusion, which should be observed by both parties in order to avoid misunderstandings, which will then have to be resolved in court. Let us analyze the grounds for formalizing such labor relations, their legal foundation, as well as the main points that employees and employers need to take into account.

Legislative justification for fixed-term contracts

The word "urgent" in the definition of this type of contract does not mean any additional speed of its execution, it does not come from "urgency", but from "term". This is how it is declared different from contracts that are concluded for an indefinite period.

In the usual form of employment contractual relations, the exact date of commencement of work is known, and the time of separation and the reasons for dismissal cannot yet be determined.
But when the last condition is known to both parties, that is, both the employee and the employer know when they will terminate their cooperation agreement, it is advisable to formalize the relationship with a predetermined period - fixed-term employment contract.

The Labor Code of the Russian Federation calls an employment contract mandatory when formalizing the employee-employer relationship (Article 56 of the Labor Code of the Russian Federation), and the term is its essential condition. The options when an employer gives an employee temporary employment are defined in Art. 59 of the Labor Code of the Russian Federation. Their determining factor is an important circumstance: a fixed-term employment contract is lawful only when, for objective reasons, it is impossible to conclude an indefinite one.

NOTE! To conclude such an agreement, the will of the employer and even the consent of the employee is not enough; its execution must comply with the grounds given in the legislation. Otherwise, if you have to deal with the court, a fixed-term contract concluded on an illegitimate basis will be recognized as open-ended.

Attractiveness of fixed-term employment contracts

The party that benefits the most from a fixed-term rather than an open-ended contract is the employer. The reasons are obvious:

a temporary employee is more manageable;
"conscript" is easier to motivate, since the extension of cooperation with him directly depends on the leadership;
much easier to carry out the dismissal procedure;
the employee dismissed at the end of the term cannot challenge such dismissal;
in this way, you can get rid of any categories of employees, even the most socially protected.

For workers, as a rule, permanent employment is preferable, providing certain guarantees and confidence in their future. Domestic legislation and the International Labor Convention (ILO) adhere to the same position, seeking to minimize the number of workers employed on a temporary basis.

Features of a fixed-term employment contract

The determining factor in the choice in favor of the urgency of contractual relations is an important circumstance: a fixed-term employment contract is lawful only when, for objective reasons, it is impossible to conclude an open-ended one.

The reason for this must be indicated in the text of the contract.

The term of such an agreement cannot exceed 5 years. If the document does not specify specific terms or an event that terminates the contractual relationship, it will automatically be considered a contract with an indefinite period. Similarly, if more than five years is indicated.

Termination of a fixed-term contract must be indicated in the text. This is possible in two ways:

specifying a specific date when the contract will be terminated;
designation of the event, the occurrence of which terminates the fixed-term contract.

The approach of the final date does not mean an immediate cessation of work: the employee must be warned in writing about the upcoming dismissal in accordance with its expiration 3 days in advance. If this is not done, the dismissal can be challenged.

In the second case, advance notification is impossible, since the event that has occurred automatically terminates the fixed-term contract, as provided for by its terms. Most often, such an event is the entry to work of the main employee, instead of whom a temporary one was employed.

With whom you can conclude fixed-term employment contracts

Employers form such relationships with those employees whose nature of work does not make it possible to determine the duration of the working relationship, or, conversely, quite clearly indicates their end. Such categories of personnel include, for example, the following:

seasonal workers;
employees hired to perform a specific type of work by a specific date;
employees who were sent to work abroad or to another branch of the organization;
specialists hired from outside to perform work not provided for by the main activity of the organization;
teachers who can work in the relevant position only for the duration of the competition;
replacing an employee on long-term sick leave or maternity leave, etc.

Transfer to a fixed-term employment contract from an indefinite

As a rule, employees work on an indefinite contract. However, sometimes there is a need to transfer to a fixed-term contract. This can be done, but the procedure must comply with all the rules.

Reasons for transferring to a fixed-term employment contract

It is possible to transfer an employee to a fixed-term contract only if there are sufficient grounds for this. If there are no such grounds, the agreement will be considered indefinite. The employer cannot draw up fixed-term agreements with the aim of deviating from providing employees with rights and guarantees. Consider the reasons why the employer transfers:

An employee is assigned to the place of a temporarily absent employee. The latter retains the place of work.
The employee is sent to work abroad temporarily.
The work is connected with the temporary expansion of production.
The employee has a disability.

That is, the transfer to a fixed-term contract is relevant for those cases when the status of an employee changes. For example, he had health restrictions.

Is it legal to transfer to a fixed-term contract?

The issue of the legality of transferring an employee to a fixed-term agreement is extremely controversial. If the employer initially issued the employee under an open-ended contract, he must ensure that the terms of this agreement are met. That is, the worker receives the right to work for an unlimited time.

The contract can only be based on the points established by the Labor Code of the Russian Federation.

For this reason, the transfer of an employee from an indefinite to a fixed-term contract is not legal. The employer cannot, for the purpose of transferring, simply enter into an additional agreement. The employee, if desired, can easily challenge this document.

Another significant mistake is the execution of a new agreement at a time when the previous agreement continues to operate. According to the law, if two documents are valid for an employee, the act with the most favorable conditions will be valid. In this case, the most advantageous would be an open-ended contract, as it provides a larger list of rights.

IMPORTANT! Many employers believe that entering into a new agreement automatically cancels the old agreement. However, this is a wrong position. In order for only one act to be valid, the old act must be legally repealed.

How to legally transfer a person to a fixed-term contract?

The only legal way to transfer an employee to a fixed-term contract is to terminate the previous agreement and draw up a new one. However, you need to take into account all the disadvantages of this path:

The need to pay compensation for vacation that was not used.
The accrual of seniority for registration of leave begins anew. In order for an employee to be able to legally go on vacation, he needs to work for 6 months. For example, an employee under the first termless contract worked for 5 months. That is, after a month he can go on vacation. However, if the previous agreement is terminated, another contract is drawn up, the vacation will be legal only after 6 months.
You will have to draw up cadastral documentation for the employee as newly hired.

The legislation does not provide for a simplified procedure for dismissing an employee and hiring him again. These difficulties are related to preventing abuse.

The procedure for drawing up a new employment contract

Consider the legal procedure for transferring an employee to a fixed-term contract by drawing up a new agreement:

The employer conducts a conversation with the employee and offers him new working conditions. Explains the translation scheme.
The employee leaves at his own request or by agreement of the parties.
A new employment contract with a limited duration is immediately drawn up. The manager issues an order to hire a person.
Relevant information is entered in the work book.

This method of translation is more complicated, but it is legal.

Legitimate reasons for urgency

The law provides for two legitimate reasons for concluding a fixed-term rather than an open-ended employment contract:

Relationships are concluded strictly for a certain period, based on the nature of the upcoming work and related circumstances.
The urgency of labor relations is determined by the agreement of the parties in cases where this does not contradict the current legislation.

The labor legislation of the Russian Federation (part 1 of article 59 of the Labor Code of the Russian Federation) allows to conclude fixed-term contracts arising from the nature of the work, in the following circumstances:

for a time when, for objective reasons, there is no full-time employee at his workplace, the workplace for which must be retained by law;
the upcoming work will not take more than 2 months;
to ensure seasonal work;
with foreign forms of work;
performance of actions necessary for the company, but not related to its main activity (for example, installation work, repair, reconstruction, etc.);
works associated with a limited (usually up to a year) time, such as expanding activities, increasing capacity, volumes, etc.;
the company is specially created for a short existence, providing for a limited time to perform a specific job;
work related to vocational training, internships for employees;
election for a certain period to a working elected body;
referral to public works;
additional cases stipulated by the Federal legislation (existing and possible to be adopted in the future).

Fixed-term employment contract on agreement of the parties can be concluded only on a limited list of grounds:

the employer is a representative of a small business;
the worker is a pensioner;
a medical employee is allowed only temporary employment;
work in the Far North and other equivalent territories;
when elected by competition to fill a vacant position;
urgent work aimed at preventing and/or eliminating the consequences of emergency situations;
with management, deputies and chief accountants of organizations;
with creative workers (in accordance with the list of similar positions);
with pupils or full-time students;
with partners;
with those working on watercraft registered in the Russian International Register of Vessels;
other grounds corresponding to federal laws (current and future).

Employer, remember:

it is impossible to conclude a fixed-term employment contract on grounds not specified in Art. 59 of the Labor Code of the Russian Federation;
when dismissing an employee after the expiration of a fixed-term contract, do not forget to notify him in writing 3 days in advance;
did not warn about the dismissal - the contract will become indefinite.

Worker, take note:

when applying for an urgent (temporary) job, pay attention to the condition of the end of work (a specific date or event);
if it is provided for by law, you can demand an extension of a fixed-term contract (for example, during pregnancy);
if your rights as a “conscript” are violated, the court will reinstate you at work, force the employer to pay, and possibly moral damages.

Yes. Which, however, does not mean that the law allows people to work without papers at all. An alternative to an employment contract is civil contract(it is also about paid services).

It does not give the worker the guarantees provided for by the Labor Code of the Russian Federation (paid sick leave, for example, holidays), but does not relieve the employer from the need to make the necessary contributions (including pension contributions).

A civil law contract does not mean, in fact, almost nothing. He does not even imply a full-time position. All that he fixes is that one person provided paid services in the form of certain works.

The absence of any fixed design leads to litigation. Which very rarely end in favor of the applicant.

Terms of signing

The deadline for the employer to sign the document - 3 days. If the candidate is not a Russian, then the employer is obliged.

If the document has not been signed, however, the employee has begun his duties according to his position, then the law considers such an agreement concluded (Article 67 of the Labor Code).

Minuses

It all depends on whether there was at least something “paper”, which can confirm the fact that the citizen started working in the designated position, and indeed provided the employer with some kind of reimbursable services.

For in this case, the emergence of a labor dispute is more than likely (there will be no conscientious and decent employer refuse to take official responsibility).

But let's even assume. they will accept your claim - how will you prove it? Even the lawyer in this case can't help.

It is not clear what "pluses" the candidates are counting on?

Common cases:

dismissal. They can “ask” at any time, without explanation and without severance pay;
non-payment or delay of wages;
lack of insurance premiums;
non-registration in the work book - the work done will not be included in the experience.

As you can see, there is nothing at all from the proposed list that could at least indirectly pass for an advantage. Employers often lure candidates with high salaries..

But then again, who will guarantee that they will pay it to you? What if it goes to court? Again the worker does not win- it is almost impossible to win such a dispute on your own, and the lawyer will ask for a fee for his services.

Proof of Work

Evidence can be things like:

Witness's testimonies.
The order of acceptance to work.
Local documents indicating your presence.
Inquiries, receipts on receipt of salaries, receipts.

If a cunning employer does not want to register you in any way, despite his promises of official activity, no need shout that you are suing.

Among other things, the employee may also claim material damage.

Employer's responsibility

Of course, nothing good can be expected for a dishonest merchant for not concluding an employment contract with an employee. The responsibility of the employer for work without an employment contract is provided for both administrative and criminal (if suddenly the state does not like his "hide and seek" with taxes).

According to article 5.27 of the Code of Administrative Offenses, for the absence of an employment contract with an employee there is a fine. If this is an official up to 5000 rubles. The same applies to the individual entrepreneur. Well, if we are talking about a company, then from 30 to 50 thousand. Can and suspend activities - up to 90 days.

Arbitrage practice

Alas, far It does not always work have deceived workers to defend their rights.

So the Moscow court denied the claim of a citizen who believed the bank that hired her to a respectable position.

The organization did not conclude an employment contract with the employee within the promised period.

They explained it this way: in their opinion, the candidate underqualified for such a responsible position And they don't want to take it.

What, unfortunately, was proved by the credit institution in court is both the diploma of the applicant and her experience, which turned out to be insufficient - in accordance with the qualification requirements.

The fact that the woman actually worked for the bank for some time, no one remembered - there was no confirmation. There are also examples of the opposite - however, this did not help the employee very much.

Muscovite Borisova went to court demanding to oblige the organization where she worked as a sales manager to formalize it. The company first promised her this, but even after the probation period had passed, they were in no hurry to fulfill the promise.

The court considered the fact of Borisova's work proven and an employment contract was concluded with her. However, after a month it is completely legally fired, and they did not even offer to write a statement of their own free will. The history of labor activity was decorated with an unpleasant fact.

Yet it is better to legalize employees and sleep peacefully. The employer must be aware of the responsibility for not concluding an employment contract. Not everyone will turn out to be legally illiterate and silently demolish the “tales of the Vienna Woods” about the impossibility of formalizing an employment contract. And the benefits for the enterprise from such things are very doubtful Not to mention reputation.

In accordance with Art. 67 of the Labor Code of the Russian Federation, the employer must draw up an employment contract in writing within 3 working days from the day when he actually allowed the employee to work. The contract is drawn up in two copies, one of which must be given to the employee. For failure to comply with this obligation, the employer may be held administratively liable (part 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

If the employee is actually allowed to work without drawing up an employment contract, then the test condition can be included in the employment contract only if the parties have drawn it up in the form of a separate agreement before starting work (Article 70 of the Labor Code of the Russian Federation).

In the event that the employee started work without drawing up an employment contract, and the employer refuses to draw up this contract, there are several options for resolving this situation.

1. The employee can and should insist that the employer draw up an employment contract. The employer must be informed (in writing or orally) about his obligation to draw up an employment contract upon actual admission to work with reference to Art. 67 of the Labor Code of the Russian Federation, clause 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2. It is necessary to demand that you familiarize yourself with the order for employment and make an entry about employment in the work book (Articles 66, 68 of the Labor Code of the Russian Federation).

2. The employee needs to collect evidence of the existence of an employment relationship for the subsequent protection of rights in the labor inspectorate or in court.

To recognize the existence of an employment relationship in the absence of a written employment contract, it is necessary to prove the fact of the work itself, as well as the fact of admission to it by the employer or his authorized representative (determination of the Supreme Court of 01.24.2014 No. 18-KG13-145). The characteristic features of labor relations are, in particular: personal performance of work in a certain specialty with an indication of qualifications or positions, compliance with the rules of internal labor regulations, receiving salaries, the presence of incentives, disciplinary sanctions, vacations, sick leave (Articles 15, 56 of the Labor Code of the Russian Federation).

An employee can submit an application to the employer by requesting work-related documents. For example, a certificate on the amount of salary, on accrued and actually paid insurance premiums, on the period of work in the organization, and other documents. In the application, you can indicate any reasons why these documents were required, for example, to apply for a loan at a bank.

The employer is obliged, no later than three working days from the date of application, to issue certificates and copies of documents, duly certifying them (Article 62 of the Labor Code of the Russian Federation). If the employer fulfills its obligations, then the employee will have evidence of actual employment in the organization.

Other evidence of employment can be audio and video materials that confirm the relevant facts. It is also desirable to find people who could testify in favor of the employee in court, for example, colleagues or clients of the company (Article 55 of the Code of Civil Procedure of the Russian Federation).

You can collect any documents that can confirm that the employee is in an employment relationship (orders, written assignments, copies of work reports). Evidence may also be the presence of a pass to the organization, uniform, access to corporate e-mail, etc.

An employee may, at his own discretion, defend his labor rights and freedoms by all legal means, including through the state labor inspectorate or in court (Article 352 of the Labor Code of the Russian Federation).

If it is proved that the employee was allowed to work, then even in the absence of an employment contract with a fixed wage, the burden of proving in court the amount of wages and the absence of wage arrears to the employee lies with the employer.

Prosecutor of the city of Sosnovy Bor

Senior Counselor of Justice V.V. Kovalev

Temporary, part-time or probationary work is possible within 3 days from the start of employment in an organization or individual entrepreneur (part two of Article 67 of the Labor Code of the Russian Federation), then a mandatory conclusion is required for a period of not more than 5 years (Articles 58 of the Labor Code of the Russian Federation). More on this issue below.

The consequences of working without a contract

Working without documents entails the following consequences:

for the employer, these are fines for violation of labor and tax laws, incl. criminal liability.

Example

evasion of registration or improper legal registration, or the conclusion of a civil law contract that actually regulates labor relations between an employee and an employer –

Administrative fines

for officials in the amount of 10,000 (ten thousand) to 20,000 (twenty thousand) rubles;
for persons engaged in entrepreneurial activities without forming a legal entity - from 5,000 (five thousand) to 10,000 (ten thousand) rubles;
for legal entities - from 5,000 (fifty thousand) to 100,000 (one hundred thousand) rubles;
for an employee, in the form of a lack of pension and social contributions, the right to leave and vacation pay, as well as cases of non-payment of the promised salary and the difficulty of proving in the event of a subsequent judicial recovery.

You can read about these and other emerging issues in this article, or use the services of our Legal Center.

Is it possible to recognize an unformed contract as concluded?

The law states that a contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his authorized representative.

When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than 3 (three) business days from the date the employee was actually admitted to work, and if the relationship associated with the use of personal labor arose on the basis of a civil law contract, but were subsequently recognized as labor relations - no later than 3 (three) working days from the date of recognition of these relations as labor relations, unless otherwise established by the court.

The conclusion of the contract allows the employee

receive monthly salary on time;
apply for a full social package (for the provision of days off, for overtime pay, for compensation for periods spent on sick leave, for business trips and severance pay in case of termination of the contract);
obtain the insurance (pension) length of service necessary for the calculation of pension payments;
receive medical and insurance coverage (the employer deducts certain amounts to the relevant funds).

Responsibility and punishment of the employee

An employee who does not conclude an employment contract punishes himself, in the current period this will be expressed in the absence of social security, the right to leave, severance pay and deductions from the labor exchange, and in the future this will affect pension provision.

Responsibility and punishment of the employer

Officials will face a fine of up to 20 thousand rubles (for each "unofficial" employee), and legal entities - a fine of up to 100 thousand rubles with the obligation to compensate the employee for his entire period of work without registration. The fact of non-conclusion of an employment contract can be established not only by the court, but also by the labor inspector.

The tax inspectorate will also connect and calculate taxes, fines and penalties, and if the amount exceeds 1,500,000 rubles, then contact law enforcement agencies to initiate a criminal case.

If the employer delays part of the salary for more than 3 (three) months or the full salary for more than 2 months, he is threatened with criminal liability and, as a result, imprisonment, the term of which in especially serious cases reaches 5 (five) years.

The tax office will charge additional taxes (example from judicial practice)

The judges noted that, according to the norms of Article 226 of the Tax Code of the Russian Federation, individual entrepreneurs, from whom or as a result of relations with which the taxpayer received income, are required to calculate, withhold from the taxpayer and pay the amount of personal income tax to the budget. Paragraph 6 of Article 226 of the Tax Code of the Russian Federation provides that tax agents are obliged to transfer the amounts of calculated and withheld personal income tax no later than the day the income is transferred from the accounts of tax agents in the bank to the accounts of the taxpayer or, on his behalf, to the accounts of third parties in banks (Court of the North Caucasus District by a resolution dated December 5, 2011 in case No. А53-3905/2011).

In addition, the judges pointed out that since the individual entrepreneur did not withhold and transfer the amount of personal income tax to the budget, the Federal Tax Service has the right to hold him liable under Article 123 of the Tax Code of the Russian Federation in the form of a fine, since liability arises for the failure of the tax agent to fulfill the obligation to withhold and transfer taxes. Also, the arbitrators allowed the tax authorities to accrue penalties, since Article 226 of the Tax Code of the Russian Federation imposes the obligation to pay personal income tax to the budget on tax agents, and penalties are a way to ensure the fulfillment of obligations to pay this tax.

How to prove that you worked without an employment contract

There is no universal algorithm applicable in the case when you started working without drawing up a contract, and the employer refuses to draw up this contract. You must decide for yourself how to proceed.

Option 1. Insist that the employer draw up a contract

Inform the employer (in writing or orally) of his obligation to draw up an employment contract upon actual admission to work with reference to Art. 67 of the Labor Code of the Russian Federation, clause 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2. Demand that you familiarize yourself with the order for employment and make an entry about employment in your work book (Articles 66, 68 of the Labor Code of the Russian Federation) .

Option 2: Collect evidence of an employment relationship to protect your rights in the labor inspectorate or in court.

Note!

The mere fact of payment of a “gray” salary at any enterprise is not a basis for its collection, since it follows from the norms of the Labor Code of the Russian Federation that the law gives legal significance only to official wages (Article 136 of the Labor Code of the Russian Federation), in connection with which, even if sufficient data on the payment of such is established, this cannot entail the collection of such amounts as an employee's wages.

How much can the court award

Even if you have established the fact of an employment relationship, an important issue is the amount of wages and how to determine it. We believe that you can safely expect an amount of at least one minimum wage for each unpaid month, for example, the minimum wage in Moscow or Russia.

Compensatory, incentive and social payments should be established in excess of the minimum wage, but when working without an employment contract, it makes no sense to talk about this, the court will refuse.

Where to complain and apply

If you were misled about the terms of signing an employment contract and the employer did not fulfill its obligations, including in terms of wages, then you need the help of a competent civil lawyer, so without knowledge of the law you will not be able to defend your violated right in court, the prosecutor's office and labor inspectorate.

At the same time, professional judicial representatives will work on the side of the violator of labor legislation. you will be misled once again and the court decision will not be in your favor.

You can apply for free help to the labor inspectorate, but without a court decision with established facts of employment, they will not help you there. Unfortunately, this is the practice, since it is believed that both parties violated the law, including the fulfillment of tax obligations.

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Why the employer refuses to conclude an agreement

By not concluding an employment contract with an employee, the employer wants to achieve certain benefits for himself.

It can be expressed in the following terms:

no need to provide the employee with comfortable and safe working conditions, since he is not subject to the Labor Code in this area;
there is no need to make tax deductions for the employee, which significantly reduces the expenses of the manager;
the ability to end an employment relationship with an employee at any time without complying with the rules stipulated by the Labor Code when dismissing certain categories of persons (a notice of dismissal, severance pay, restrictions on dismissal of pregnant women, persons of an older age group, etc.);
the absence of established terms for the payment of salaries, as well as its size.

Is it possible to recognize an unformed agreement as concluded?

Labor legislation states that a contract that is not concluded in writing is recognized as concluded if the employee has begun to work with the tacit consent or by the public order of the head, or a person authorized by him.

If the employee is actually admitted to work, the manager must draw up an employment contract with him in writing no later than three working days, starting from the moment the employee is admitted to work.

If relations that are associated with the use of personal labor appeared within the framework of a concluded civil law contract, but were later identified as labor relations, then the employment contract must be executed no later than three working days from the date these relations are recognized as labor relations.

What gives an employee an employment contract

Please note! The execution of an employment contract allows the employee to:

at the agreed time to receive payment for their work;
count on a social package (getting days off, paying for overtime, reimbursement for the time spent in the hospital, paying for travel expenses, providing severance pay);
receive insurance (pension) experience intended for registration of pension payments;
rely on medical and insurance coverage (the employer deducts funds to the appropriate funds).

Employer's responsibility

An official faces a fine of up to twenty thousand rubles (in relation to each "unofficial" employee), and a legal entity - up to one hundred thousand rubles, with the obligation to compensate the employee for his entire "shadow" period of activity.

The fact that an employee does not have an employment contract can be established not only by the court, but also by the labor inspector. In addition, the tax authority can get involved and calculate taxes, fines and penalties, and if the amount is more than one and a half million rubles, then turn to law enforcement officers to initiate a criminal case.

If a manager does not pay part of the salary for more than three months or the entire salary for more than two months, he can be held criminally liable and, as a result, deprived of liberty for up to five years.

Consequences for the worker

An employee, not insisting on concluding an employment contract, punishes himself, because in the future this may result in a lack of social support, the opportunity to go on vacation, receive severance pay and labor exchange payments, and in the long term this will negatively affect pension provision.

Employee actions

Labor regulations provide for two types of official employment relations: fixed-term and indefinite, and the employer himself chooses which agreement to conclude with the employee.

It is risky for an employee to carry out labor activities without drawing up a contract.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

However, if this situation happened, there are several ways to resolve the circumstances:

insist on the execution of an employment agreement;
leave the company;
continue to carry out labor activities, while collecting documents with the help of which it will be possible to prove the existence of an employment relationship.

The legislation protects workers who work without registration from the arbitrariness of employers, who can not only dismiss an employee at any time, but also not pay his salary on time.

Article 67 of the Labor Code of the Russian Federation says that the employer's admission of an employee to the performance of labor duties is tantamount to drawing up an employment contract with him, even if it has not been drawn up.

In other words, an employee without official registration can go for protection to the court for reinstatement in the workplace and payment of wages to him, but for this he needs to prove to the judicial authority the existence of an employment relationship.

Watch the video. What is an employment contract, what guarantees does this document give:

How to confirm the fact of an employment relationship

Evidence may be:

testimony of witnesses;
an order for admission to the organization;
local acts confirming the presence of an employee at the enterprise;
certificates, receipts for payment of wages, receipts for receipt.

To do this, you can try to contact the personnel department or the accounting department (or the person who issues wages) and say that documents from the place of work are needed to apply for a mortgage.

Where to go

An employee without a properly executed employment contract has the right to file a claim with the labor inspectorate or a judicial authority.

You can file a complaint with the labor inspectorate either through the official page of the organization on the Internet, or in the territorial department.

The claim is made in any form, but it must contain the following information:

place of work;
Full name of the head;
what exactly is the violation of rights;
how the violation should be corrected;
as evidence of the violation.

ATTENTION! View the completed sample complaint to the Labor Inspectorate about violation of labor rights:

In addition, documents will be required confirming the validity of the employee's arguments.

Attention! A lawsuit can be filed in court at the location of the employing organization (Article 28 of the Code of Civil Procedure).

It needs to specify:

the name of the judicial body;
information about the plaintiff, defendant (name and address of the organization, position of the applicant and period of employment);
a description of the violation of rights;
request to the court;
list of submitted documents;
date, signature.

In addition to the statement of claim, you will have to provide documentary evidence of the eligibility of the requirements - the existence of the very fact of working in this particular organization.

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