Employment contract form. Sample (approximate form) of an employment contract

EMPLOYMENT CONTRACT

(UNIVERSAL)

g. ____________ "___"_____________ g.

Administration ____________________________________________________, called

(name of organization, enterprise, etc.)

acting on the basis of _____________________________________________________,

(charter, regulations, power of attorney)

on the one hand, and the citizen of Russia _____________________________________________

(last name, first name, patronymic, details

Referred to as (May) hereinafter -

passport or equivalent document)

An employee acting in his own interests and on his own behalf, on the other hand, has entered into this employment contract as follows:

1. Subject of the agreement

1. The employee is hired as ________________________________ (specify position and

In accordance with what and based on

place of work - structural unit)

from the terms of this employment contract, the Employee undertakes to perform labor functions (job responsibilities) specified in the relevant job description signed by the administration, and the Employer undertakes to provide him with the necessary conditions for work, pay wages and provide social benefits in accordance with the law and this employment contract.

2. When exercising his rights and performing his duties, the Employee must act in the interests of the Employer. The Employee undertakes to exercise his rights and fulfill his labor duties in good faith and rationally.

3. This employment contract was concluded for a specific period: the beginning of the contract is “___”________________ 20__; ending –

"___" ________________ 20__.

Option:

3. This employment contract is concluded for an indefinite period: the beginning of the contract is “___”________________ 20__.

4. In order to verify the compliance of the Employee’s qualifications and his attitude to the work entrusted to him, a probationary period of _______________ months is established from the moment the Employee begins to perform his job duties (from the beginning of this employment contract).

2. Rights and obligations of the parties

5. The employee has the right:

5.1. To a properly equipped workplace, to provide the materials and supplies necessary for the Employee to perform his job duties.

5.2. For timely payment of labor in the amounts provided for in this employment contract.

5.3. For annual paid leave in accordance with vacation schedules and weekly rest.

5.4. For social and living benefits in accordance with the legislation of the Russian Federation, the collective agreement and this employment contract.

5.5. _________________________________________________________

(other rights - by agreement of the parties)

6. The employee undertakes:

6.1. Conscientiously perform duties in accordance with the job description attached to this employment contract.

6.2. Submit to the internal labor regulations of the Employer.

6.3. Maintain labor discipline.

6.4. When performing work duties, comply with the rules and regulations on labor protection, safety and fire safety.

6.5. Treat the Employer's property with care.

6.6. Maintain information that constitutes official and commercial secrets of the Employer. The list of information containing the Employer's trade secret is specified in the appendix to this employment contract.

6.7. _________________________________________________________

(other duties - as agreed by the parties)

_______________________________________________________________.

7. The employer has the right:

7.1. Require the Employee to conscientiously fulfill his duties under this employment contract.

7.2. Provide incentives to the Employee for conscientious and effective work.

7.3. Bring the Employee to disciplinary liability for committing offenses that deserve punishment in the manner prescribed by the labor legislation of the Russian Federation.

7.4. _________________________________________________________

(at the discretion of the parties - other rights of the Employer,

_______________________________________________________________.

determined by the parties in the employment contract).

8. The employer undertakes:

8.1. Accurately fulfill the terms of this employment contract, pay the Employee on time, resolve issues of social security for the Employee, etc.

8.2. Provide the Employee with the normal appropriate conditions necessary for him to perform his duties, provide the Employee with the means, materials and equipment that are necessary for him to fulfill the terms of this employment contract.

8.3. Provide conditions for safe and efficient work of the Employee, equip his workplace in accordance with labor protection and safety regulations.

8.4. Provide the Employee with reliable characteristics of working conditions and ensure that he is provided with compensation and benefits for difficult, harmful or dangerous working conditions.

8.5. Timely pay the wages stipulated by this employment contract and other payments due to the Employee.

8.6. _________________________________________________________

(at the discretion of the parties - other obligations specified

_______________________________________________________________.

parties to the employment contract)

3. Remuneration.

Social and everyday issues

9. For the performance of duties provided for by the terms of this employment contract, the Employee is paid:

9.1. Salary for the position in the amount of ___________________________________

(in numbers and words)

Rub. per month (forms of remuneration can be any - see other forms of employment contracts).

9.2. Personal allowance in the amount of ________________________________

(in numbers and words)

Rub. per month; bonus in the amount of ___________% of the salary for the position based on the results of work for the month (quarter).

9.3. Remuneration based on the results of work for the year in the amount (size) - as determined in the Employer’s organization.

9.4. Financial assistance for annual leave in the amount of ___________.

9.5. Other remunerations provided for by the regulations in force in the Employer’s organization.

When wages increase throughout the Employer's organization, including changes due to inflation, the Employee's wages change by the general increase factor.

10. The Employee’s annual paid leave is set at __________ working days.

11. By the decision of the Employer, the Employee may be paid for the costs of treatment and rest during the period of his annual leave (sanatorium, boarding house, etc.) or independently of it.

12. In the event of the death of an Employee during the period of validity of this employment contract, his family is paid a lump sum benefit in the amount of ___________ official salaries.

13. In the event of early termination of this employment contract (termination of the contract) due to objective circumstances by the executive bodies of the Employer’s organization (if this falls within the competence of the relevant body of the Employer’s organization in accordance with the provisions of the latter’s Charter), the Employee may be paid severance pay.

The terms of payment and the amount of severance pay are determined depending on the duration of the Employee’s work in the Employer’s organization, his labor contribution, the reasons and initiative for the early termination of the employment contract (termination of the contract).

14. Upon termination of work due to the Employee’s retirement, he is paid a one-time benefit in the amount of ___________ official salaries, and a monthly supplement to the state pension is established, taking into account the duration of his work in the Employer’s organization and labor contribution.

4. Changes and additions to the terms of the employment contract

15. During the period of validity of this agreement, the parties have the right to make changes and additions to its text in connection with the following circumstances:

15.1. At the reasonable request of one of the parties.

15.2. In case of a significant change in the production direction of the organization.

15.3. Changes to the organization's charter that affect the rights and interests of the Employee.

15.4. Changes in current legislation that significantly affect the property, labor and moral rights and interests of the parties to the contract.

15.5. In other cases recognized by the parties as necessary to consider issues of changing and supplementing the terms of this employment contract.

Moreover, these changes and additions will have legal force only if they are written and signed by the parties as an integral part of this employment contract.

16. Upon expiration of the employment contract (for fixed-term employment contracts), it can be concluded (extended) for a new period determined by the parties. In this case, the final execution of a new contract (extension of the previous one) must take place no later than 30 days before the expiration of this employment contract.

The terms of the new (extended) employment contract are agreed upon by the parties when discussing the issue of concluding a new (extended) employment contract.

5. Other terms of the employment contract

17. The employee bears property liability for damage caused by his actions in the presence of guilt, as well as on the terms and in the manner provided for by the labor legislation of the Russian Federation.

18. Disputes and disagreements that may arise during the fulfillment of the terms of this employment contract, the parties will strive to resolve amicably by mutual agreement. If a mutually acceptable solution is not reached - in the manner prescribed by the labor legislation of the Russian Federation.

19. Early termination of this agreement (termination of the agreement) may take place:

19.1. If the Employer violates its obligations under this agreement.

19.2. Upon the occurrence of circumstances that so significantly affect the rights and interests of the Employee that they make it unacceptable for him to continue to perform his job duties (changes in the provisions of labor, civil, tax and other legislation; introducing amendments and additions to the Charter of the Employer’s organization that infringe on the rights and interests of the Employee) .

19.3. When circumstances occur that actually prevent the Employee from physically fulfilling his obligations under the contract (long-term serious illness, disability, etc.).

19.4. In the event of a gross violation by the Employee of his official duties, resulting in serious consequences for the Employer, significant violations of the legally protected property and moral rights and interests of the Employer.

19.5. In the event that the Employee discloses information constituting a trade secret of the Employer, if this circumstance entails certain negative consequences, especially if this took place deliberately against the interests of the Employer.

19.6. On the grounds provided for by the labor legislation of the Russian Federation.

19.7. For other reasons determined by the parties to the agreement as respectful and not contrary to the provisions of the labor legislation of the Russian Federation.

20. For all issues that have not been resolved in the terms (provisions) of this employment contract, but directly or indirectly arising from the relationship between the Employer and the Employee on it from the point of view of the need to protect their property and moral rights and interests protected by law, the parties to this labor contract the agreements will be guided by the provisions of the Labor Code of the Russian Federation and other relevant mandatory regulations of the Russian Federation.

21. Details of the parties to the agreement:

Employer Employee

(full name)

______________________________

Postal address (with zip code) Last name _______________________

Name ___________________________

Telegraphic address Patronymic _______________________

Date of birth __________________

Fax _________________________ Address (with zip code) _____________

Telephone ______________________ ________________________________

TIN __________________________ Passport series __________________

Current account No. _____________ No. ______________________________

in the bank ______________________ Issued by (by)____________________

in the mountains _______________________ (When)_________________________

correspondent account No. __________________ INN ____________________________

BIC __________________________

This employment contract was signed in the city. __________________________________

20__ in two copies: one for each of the parties, and both copies have equal legal force.

Signatures of the parties to the employment contract:

_________________ (Last name, I.O.)_______________ (Last name, I.O.)

EmployerEmployee

Description

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Data entry (everything is free!):

EMPLOYMENT AGREEMENT No. (agreement number) dated May 28, 2019

(LLC, CJSC, OJSC, ...) " (Name of organization)”, represented by (full name), acting on the basis of the Charter, hereinafter referred to as “Employer”, on the one hand, and gr. Russia (full full name) on the basis of the Charter, hereinafter referred to as the “Employee”, entered into this employment contract on the following terms:

1. General provisions

1.1. Worker (full full name), is hired (place of work, structural unit)
, by profession (position) (full name of profession (position) according to ETKS),
qualifications (positions) (rank, qualification category) (optional),
With (“____”_____________20___ (start date))

1.2. Type of employment contract: For an indefinite period

1.3. Probation period: No probation period

1.4. The work performed under this contract is part-time work.

2. Rights and obligations of the Employee

2.1. The employee has the right to:

– amendment and termination of this employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

– providing him with work stipulated by this agreement;

– a workplace with working conditions that meet the requirements of state standards of organization, safety and hygiene;

– timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

– compensation for harm caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;

– other rights provided for in Art. 21 and 219 of the Labor Code of the Russian Federation.

2.2. The employee is obliged:

– observe labor discipline and internal labor regulations;

– comply with established labor standards;

– comply with labor protection and occupational safety requirements;

– treat the property of the employer and other employees with care;

– immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property;

– conscientiously perform the following job functions: (specify functions)

3. Rights and obligations of the Employer

3.1. The employer has the right:

– change and terminate the employment contract with the employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

– encourage the employee for conscientious, effective work;

– require the employee to fulfill his job duties and take care of the property of the employer and other employees, and comply with internal labor regulations;

– bring the employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws.

3.2. The employer is obliged:

– comply with laws and other regulatory legal acts, local regulations, and the terms of this employment contract;

– provide the employee with the work stipulated by this agreement;

– ensure labor safety and conditions that meet occupational safety and health requirements;

– provide the employee with equipment, tools, technical documentation and other means necessary to perform job duties;

– pay the full amount of wages due to the employee within the time limits established by the Labor Code of the Russian Federation, internal labor regulations, and the employment contract;

– provide sanitary, medical and preventive services to the employee in accordance with labor protection requirements;

– carry out compulsory social insurance of the employee in the manner established by federal laws;

– to compensate for harm caused to the employee in connection with the performance of his labor duties, as well as to compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation and other regulatory legal acts;

– perform other duties provided for by the Labor Code of the Russian Federation, federal laws, and other regulatory legal acts containing labor law norms.

4. Characteristics of working conditions

4.1. Characteristics of working conditions: In accordance with the workplace certification card ((or with a special assessment of working conditions)) (the main characteristics of the work and the requirements for the level of their implementation are indicated: in an office building / on the street / at the employee’s home / at the enterprise, if a special assessment has been carried out, then the class of working conditions is also indicated),

4.2. Compensations and benefits for working in difficult, harmful and (or) dangerous conditions: (allowed in size_____ / not allowed)

4.3. Salary is paid: (5th and 20th of every month)

5. Work and rest schedule

5.1. Working hours: regular work schedule

5.2. Start of work (9:00), end of work (18:00),
break for rest and food from (13:00) to (14:00);
Weekends: (Saturday, Sunday.);

5.3. The employee is entitled to annual leave in accordance with the vacation schedule:
main duration ___28____ calendar days;
additional duration (___) calendar days.

6. Social insurance

6.1. Conditions of social insurance directly related to the Employee’s work activity: all types of state social insurance and other insurance provided for by the collective agreement.

7. Remuneration

7.1. Employee remuneration conditions (amount of tariff rate or salary, additional payments, allowances, incentive payments)

8. Changes to the employment contract

8.1. The terms of this employment contract can only be changed by agreement of the parties and in writing;

8.2. Issues not regulated by this employment contract are regulated by the Labor Code of the Russian Federation and federal laws.

9. Entry into force of the employment contract

9.1. This employment contract is drawn up in 2 copies, each of which is signed by the parties. After registration in the prescribed manner in the department of labor relations and labor protection of the Committee for Social Protection of the Population and Youth Policy, one copy of the employment contract is given to the employee, the other is kept by the employer;

9.2. An employment contract comes into force on the day of its signing, unless otherwise provided by law or this employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer. If the employee does not start work on time without good reason within a week, the employment contract is canceled.

10. Other terms of the agreement

10.1. To the extent not provided for by this Agreement, the Parties are guided by laws, other regulatory legal acts and the Charter of the enterprise.

11. Data of the Parties

Employer:

(LLC, CJSC, OJSC, ...) " (Name of organization)"

Address:

Postal address: (111111, Moscow, PO Box 111)

TIN (611106562222)

account number (11102810700000000222)

(CJSC CB "Petrov Bank")

c/s (11101810100000000222)

BIC bank (226012222)

Phone (+79081112121)

email: ( [email protected]}

Signature__________

Worker:

(full name) (individual)

Passport number (1111 123456 issued by the Department of Internal Affairs of the BEAUTIFUL district of Izumrudny on December 12, 1911)

Address: (111111 Moscow, Stroiteley str. 11)

Signature__________

The government has released a model employment contract form.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT THE STANDARD FORM OF AN EMPLOYMENT CONTRACT,

CONCLUDED BETWEEN THE EMPLOYEE AND THE EMPLOYER - SUBJECT

SMALL ENTERPRISE, WHICH RELATES

TO MICROENTERPRISES

In accordance with Article 309.2 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached standard form of an employment contract concluded between an employee and an employer - a small business entity that is classified as a micro-enterprise.

2. The Ministry of Labor and Social Protection of the Russian Federation must provide explanations on the use of the standard form approved by this resolution.

3. This resolution comes into force on the date of entry into force of the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises.”

Chairman of the Government

Russian Federation

D.MEDVEDEV

Approved

Government resolution

Russian Federation

STANDARD FORM

an employment contract concluded between an employee

and the employer - a small business entity,

which refers to micro-enterprises

_____________________________ "__" _____________ ____ G.

(place of imprisonment (city, (date of imprisonment)

locality)

(full name of employer)

hereinafter referred to as the employer, represented by ______________________________

__________________________________________________________________________,

(information about the employer’s representative - last name, first name, patronymic,

position of a person authorized to represent the employer

in labor relations)

acting on the basis of ________________________________________________,

(the basis on which the representative

the employer is endowed with appropriate

powers - constituent documents

legal entity indicating the date of their

approvals, local regulations

(if available), power of attorney indicating by whom

and when issued, another)

on the one hand, and ________________________________________________________________,

(last name, first name, patronymic of the employee)

hereinafter referred to as an employee, on the other hand, hereinafter referred to as

The Parties, guided by the Labor Code of the Russian Federation (hereinafter -

Code), federal laws and other regulatory legal acts,

below.

I. General provisions

1. The employer provides the employee with work:

(name of position, profession or specialty indicating

__________________________________________________________________________,

qualifications)

and the employee undertakes to personally perform the specified work in accordance with

terms of this employment contract.

2. An employee is hired:

(the place of work is indicated, and if the employee

accepted to work in a branch, representative office or other

a separate structural unit of the organization,

located in another area - place of work indicating

separate structural unit and its

location)

3. Additional conditions (filled in if necessary)

__________________________________________________________________________.

(indication of the location of the workplace, name of the structural

division, site, laboratory, workshop, etc.)

4. Labor (job) responsibilities are established (specify as necessary)

__________________________________________________________________________.

(in this employment contract (subparagraph “a” of paragraph 11)/

in the job description)

5. The employee starts work with “__” ___________________.

6. Agreement is concluded with the employee (to be specified)

__________________________________________________________________________.

(employment contract for an indefinite period/fixed-term employment contract)

In case of concluding a fixed-term employment contract:

validity period of the employment contract _____________________________________;

(duration, end date

employment contract)

circumstances (reasons) that served as the basis for the conclusion

federal law (specify as required) ________________________________.

7. The employee has a _______________________________________________ test.

(installed/not installed)

The test period is determined by the duration of _________________

Months (weeks, days).

(to be completed when testing is established)

8. This employment contract is an agreement ______________________

_____________________________________________________ (specify as required).

(main job/part-time job)

9. The employee _____________________________________ special nature of the work

(has/does not have)

(specify if necessary) ______________________________________________.

(traveling, on the road, mobile, remote,

home-based, different type of work)

9.1. Terms of the employment contract related to the specifics of performance

remote work (to be filled out in the employment contract with remote

employee):

9.1.1. The work specified in paragraph 1 of this employment contract,

carried out:

a) by exchanging electronic documents ___________________________________;

b) using __________________________________________________;

(reinforced qualified electronic digital

signatures (digital signature)/digital signature is not used)

c) using (listed if necessary)

___________________________________________________________________________

(equipment, software and hardware, protective equipment

information, other means

(provided by the employer (procedure and terms of provision)/

owned by the employee/rented by the employee)

d) using (specify as required) _____________________________

__________________________________________________________________________;

(information and telecommunications network "Internet", other

public information and telecommunications network, other)

9.1.2. For the use of property owned or leased by the employee

equipment, software and hardware, the Internet, other

funds specified in subparagraphs “c” and “d” of paragraph 9.1.1 are paid to him

compensation ______________________________________________________________,

(amount, procedure and terms of payment)

other expenses related to remote work are reimbursed

___________________________________________________________________________

(reimbursement procedure)

9.1.3. The employee submits reports (information) to the employer about

work completed ______________________________________________________________.

(order of presentation, timing, frequency)

9.1.4. Deadline for confirmation of receipt of an electronic document from another

sides _____________________________________________.

9.1.5. Working hours and rest hours (specify as required)

___________________________________________________________________________

with the employer)

__________________________________________________________________________.

(the employee plans working hours and rest time

at your own discretion)

9.1.6. Insurance certificate of compulsory pension insurance

(specify as required) _____________________________________________________.

(to be completed by the employer/employee entering

to work for the first time, gets it on his own)

9.1.7. The employer is obliged to familiarize the employee with the security requirements

labor when working with equipment and tools recommended or

provided by the employer (if equipment and facilities are provided

9.1.8. Information about remote work in the work book of the remote worker

employee ________________________________________________________________.

(included/not included)

9.1.9. When concluding an employment contract for the first time, a work book

employer ____________________________________________________________.

(issued/not issued)

9.1.10. Upon reaching an agreement to make an entry in the work book

the employee provides a work book to the employer _______________________

__________________________________________________________________________.

(in person/send it by registered mail with notification)

9.1.11. Additional conditions (to be filled in if necessary)

__________________________________________________________________________.

9.2. Terms of the employment contract related to the specifics of performance

home work (to be completed in the employment contract concluded with

homeworker):

9.2.1. The work specified in paragraph 1 of this employment contract,

carried out from materials and using tools and mechanisms

or other means (specify) ________________________________________________

__________________________________________________________________________.

(allocated by the employer/purchased by the employee

at your own expense/other)

9.2.2. For the homeworker’s use of his tools and mechanisms, he

compensation is paid for their wear and tear, as well as other expenses are reimbursed,

related to performing work at home (please specify):

__________________________________________________________________________.

(procedure, amount and terms of compensation, reimbursement of expenses)

9.2.3. The procedure and timing for providing the homeworker with raw materials, materials and

semi-finished products (specify if necessary)

__________________________________________________________________________.

9.2.4. The procedure and timing for transfer of work results (removal of finished

products) (specify if necessary) ___________________________________.

9.2.5. Payment for manufactured products, other payments (necessary

indicate) _________________________________________________________________.

9.2.6. Working hours (specify as required)

__________________________________________________________________________.

(duration of working hours per week, start and end of work,

work breaks, weekends, interaction time

with the employer)

9.2.7. Additional conditions (to be filled in if necessary) _________

__________________________________________________________________________.

II. Rights and responsibilities of an employee

10. The employee has the right to:

a) provision of work stipulated by this employment contract;

b) a workplace that complies with state regulations

labor protection requirements;

c) timely and full payment of wages, amount and

the conditions for obtaining which are determined by this employment contract, with

taking into account qualifications, complexity of work, quantity and quality of work performed

d) complete reliable information about working conditions and safety requirements

labor in the workplace;

e) compulsory social insurance in cases provided for

federal laws;

f) conducting collective negotiations and concluding a collective agreement

contracts, agreements, as well as information on the implementation of collective

contracts (if concluded), agreements (if concluded);

g) amendment and termination of this employment contract in the manner and on

conditions established by the Code and other federal laws;

h) protection of their labor rights, freedoms and legitimate interests by everyone

in ways prohibited by law;

i) compensation for damage caused to him in connection with the performance of labor

obligations and compensation for moral damage in the manner established

Code, other federal laws;

j) association, including the right to create trade unions and

joining them to protect their labor rights, freedoms and legal

interests;

k) rest provided by the establishment of a normal duration

working hours, reduced working hours for certain professions and

holidays, paid annual leave in accordance with labor

legislation and other normative legal acts containing norms

labor law, employment contract;

l) training and additional professional education in order,

established by the Code and other federal laws;

m) pre-trial settlement of disagreements regarding the fulfillment of conditions

of this employment contract, collective agreement (in the case

conclusion), agreement (if accepted) with the participation of a trade union or other

employee representative;

o) protection of your personal data in accordance with the requirements

legislation of the Russian Federation;

o) other rights established by labor legislation and other

local regulations (if adopted), as well as those arising from

terms of the collective agreement (in case of conclusion), agreements (in case

conclusions);

p) other rights established by this employment contract

(to be filled in if necessary) __________________________________________.

11. The employee is obliged:

a) perform labor (official) duties according to position (profession)

or specialty) specified in paragraph 1 of this employment contract:

__________________________________________________________________________;

(specify labor (job) responsibilities,

if they are established by this employment contract)

b) comply with the working hours and rest hours established

this employment contract, local regulations (in case

adoption), collective agreement (if concluded), agreements (in

case of imprisonment);

c) observe labor discipline;

d) comply with labor protection and safety requirements

e) undergo mandatory preliminary and periodic (within

labor activity) medical examinations, other mandatory medical

examinations, mandatory psychiatric examinations, as well as

undergo extraordinary medical examinations at the direction of the employer in

cases provided for by the Code;

f) treat the employer’s property with care (including property

g) immediately inform the employer or direct

to the manager about the occurrence of a situation that poses a threat to life and

health of people, safety of the employer’s property (including property

third parties located at the employer, if the employer bears

responsibility for the safety of this property);

h) perform other duties established by labor legislation

and other regulatory legal acts containing labor law norms,

collective agreement (if concluded), agreements (if

conclusions), local regulations (if adopted);

i) perform other duties established by this labor contract

agreement (filled in if necessary)

__________________________________________________________________________.

III. Rights and obligations of the employer

12. The employer has the right:

a) amend and terminate this employment contract in the manner and on

conditions established by the Code, other federal laws,

this employment contract;

b) require the employee to perform his job duties and

careful treatment of the employer’s property (including property

third parties located at the employer, if the employer bears

responsibility for the safety of this property), compliance with the rules

internal labor regulations (if adopted);

c) reward the employee for conscientious, effective work;

d) bring the employee to disciplinary and financial liability

in the manner established by the Code and other federal laws;

e) to other rights established by labor legislation and other

regulatory legal acts containing labor law norms, hereby

an employment contract, local regulations (if adopted), and

also arising from the terms of the collective agreement (if concluded),

agreements (if concluded).

13. The employer is obliged:

a) provide the work provided for in this employment contract;

b) ensure safety and working conditions appropriate

state regulatory requirements for labor protection;

c) provide the employee with equipment, tools, technical

documentation and other means necessary for the performance of his labor

responsibilities (list if necessary)

__________________________________________________________________________;

d) provide personal funds at their own expense

protection, special shoes and other protective equipment, other means

(list if necessary) __________________________________________;

e) organize (if necessary) mandatory preliminary and

periodic (during working life) medical examinations, other

mandatory medical examinations, mandatory psychiatric

examinations, as well as referrals for extraordinary medical examinations

in cases provided for by the Code, at their own expense;

f) maintain the employee’s average earnings for the duration of the

mandatory medical requirements specified in subparagraph "d" of this paragraph

inspections (surveys) in accordance with the Code;

g) compensate for damage caused to the employee in connection with his performance

labor duties, as well as compensation for moral damage in the manner and on

conditions established by the Code, other federal laws and

other regulatory legal acts of the Russian Federation;

h) train the employee in safe methods and techniques for performing work and

providing first aid to victims at work, providing instructions

on labor protection, on-the-job training and testing of knowledge of requirements

labor protection;

i) keep records of working hours actually worked by the employee, in

including overtime work and work on weekends and non-working holidays

j) pay the full amount of wages due to the employee

payment in the manner and within the terms established by this labor

agreement, as well as ensure an increase in the level of real content

wages;

k) notify in writing about the components of wages,

due to the employee for the relevant period, the amount of other amounts,

accrued to the employee, the amount and grounds for deductions made,

about the total amount of money to be paid;

m) process and ensure the protection of personal data

employee in accordance with the legislation of the Russian Federation;

m) perform other duties provided for by labor

legislation, including legislation on special assessment

working conditions, and other regulatory legal acts containing standards

labor law, collective agreement (if concluded), agreements

(if concluded), local regulations (if adopted);

o) perform other duties (to be filled in if necessary)

__________________________________________________________________________.

IV. Employee remuneration

14. The employee’s salary is set:

A) ____________________________________________________________________

(official salary/

__________________________________________________________________________;

piecework wages (specify prices) or other wages)

b) compensation payments (additional payments and allowances for compensation

character) (if any):

Name of payment Amount of payment Factor determining receipt of payment

(indicate, if available, information about all additional payments and allowances

of a compensatory nature, including for the performance of work

with harmful and (or) dangerous working conditions, for work

in areas with special climatic conditions, for work

at night, for overtime work, other payments);

c) incentive payments (additional payments and bonuses of an incentive nature,

bonuses and other incentive payments) (if any):

Name of paymentConditions for receiving paymentFrequencyAmount of payment

(indicate information about all incentive payments

in accordance with the current rules of this employer

remuneration systems (additional payments, incentive bonuses)

nature, incentive payments, including bonuses,

remuneration based on the results of work for the year, for length of service,

other payments);

d) other payments (filled in if necessary): _____________________.

15. The procedure for increasing the level of real wages

installed (please specify):

a) this employment contract ________________________________________________

___________________________________________________________________________

(increase in official salary (tariff rate), size

__________________________________________________________________________;

rewards for performance or other means)

b) a collective agreement, agreement (if concluded), local

normative act (if adopted) (specify as necessary).

16. Salaries are paid _____________________________________

___________________________________________________________________________

(at the place where the work is performed/transferred to a credit institution -

details: name,

__________________________________________________________________________.

correspondent account, INN, BIC, beneficiary account)

17. Payment of wages to an employee is made _______________ times

per month (but not less than every half month) on the following days:

__________________________________________________________________________.

(indicate specific days of salary payment)

V. Working time and rest time of the employee

18. The following working hours are established for the employee:

a) length of the working week ___________________________________

(five days with two days off,

__________________________________________________________________________;

six-day with one day off, working week with provision

weekends on a rotating schedule, reduced working hours,

part-time work)

b) duration of daily work (shift) _________________ hours;

c) start time of work (shift) ________________________________________________;

d) end time of work (shift) _____________________________________;

e) time of breaks in work __________________________________________.

(for recreation and nutrition, technological,

other breaks)

19. The following features of the work regime are established for the employee

(to be filled in if necessary) _________________________________________________

(irregular working hours,

__________________________________________________________________________.

shift work mode indicating the beginning and end of work shifts,

summarized accounting of working time with accounting period

(specify the duration of the accounting period)

20. The employee is granted annual basic paid leave

lasting _______________________________________ calendar days.

21. The employee is provided with an annual additional paid

vacation (to be filled in if there are grounds):

for working under harmful and (or) dangerous working conditions

duration ____________ calendar days;

for work in the Far North and equivalent areas

(or other areas where the regional coefficient and percentage are established

salary supplement) lasting _________ calendar days;

for an irregular working day lasting __ calendar days;

other types of additional paid leave (specify when

necessary) _________________________________________________________________.

(in accordance with the legislation of the Russian Federation

or an employment contract)

22. Annual paid leave is provided to the employee annually (from

other federal laws) in accordance with ____________________________.

(vacation schedule

for the corresponding year/

written agreement

between the parties)

VI. Occupational safety

23. The following working conditions are established at the employee’s workplace:

__________________________________________________________________________.

(specify, if necessary, the class (subclass) of working conditions

at the workplace, card number for special assessment of working conditions)

24. Initial briefing with the employee _________________________________

(carried out/not carried out,

___________________________________________________________________________

since the work is not related to maintenance, testing, adjustment

__________________________________________________________________________.

and repair of equipment, use of tools,

storage and use of raw materials and supplies)

25. Employee (please specify) ____________________________________

(pass/fail

__________________________________________________________________________.

preliminary (upon admission to work) and periodic

mandatory medical examinations, mandatory psychiatric

examination, mandatory medical examinations at the beginning

working day (shift), as well as during and (or) at the end

working day (shift)

26. Personal protective equipment for the employee __________________________

__________________________________________________________________________.

(not provided/provided in accordance with

with standard standards, list)

VII. Social insurance and other guarantees

27. The employee is subject to compulsory pension insurance,

compulsory health insurance, compulsory social

insurance in case of temporary disability and in connection with

maternity, compulsory social insurance against accidents

at work and occupational diseases in accordance with

federal laws.

28. Additional guarantees (to be completed if available):

___________________________________________________________________________

(compensation for moving expenses from another area, tuition fees,

provision or reimbursement of housing rental costs, rent

car, other)

__________________________________________________________________________.

(the basis for providing medical care to a temporarily staying

in the Russian Federation to a foreign citizen

or stateless person)

29. Other guarantees provided to the employee _________________________

__________________________________________________________________________.

(to be filled in if available)

VIII. Other terms of the employment contract

30. Grounds for termination of an employment contract, other than those provided for

Code (to be completed if necessary for remote workers,

homeworkers and workers working for an individual - individual

entrepreneur):

__________________________________________________________________________.

31. The procedure and conditions for terminating an employment contract as specified in

clause 30 of this employment contract on the grounds (if necessary

specify): _________________________________________________________________

__________________________________________________________________________.

(warning period, guarantees, compensation, etc.)

IX. Changing the terms of the employment contract

32. Changes in the terms of this labor agreement determined by the Parties

agreements and the dates for their entry into force are allowed only by agreement

Parties, except as provided by the Code. Agreement on

changes in the terms of this employment contract determined by the Parties

is in writing.

33. If the employer changes the terms of this employment contract

(except for changes in work function) for reasons related to

changes in organizational or technological working conditions, employer

is obliged to notify the employee about this in writing within the time frame specified

established by the Code.

X. Responsibility of the Parties to the employment contract

34. For failure to fulfill or violation of the terms of this employment contract

The parties bear responsibility in the manner and on the terms established

labor legislation and regulatory legal acts containing

labor law standards.

XI. Final provisions

35. To the extent not provided for in this employment contract, the employee

and the employer are guided directly by labor legislation and

regulatory legal acts containing labor law norms,

collective agreement (if concluded), agreement (if

conclusions).

36. This employment contract comes into force (specify as required) __

__________________________________________________________________________.

(from the day it is signed by both parties/other period established

Code, other federal laws, other regulatory

legal acts or employment contract)

37. This employment contract is concluded in two copies, having

equal legal force, which are stored: one - with the employee, the other -

at the employer.

38. Additional agreements on changing the terms of this labor contract

contracts are an integral part of it.

The employee is familiar with:

with a collective agreement (if concluded)

________________________________ __________________________________________

(employee signature) (date of review)

with the employer’s local regulations,

directly related to the employee’s work activity (in the case

acceptance list) _____________________________________________________

________________________________ __________________________________________

(employee signature) (date of review)

I give my consent to the employer’s processing of my personal data,

necessary for labor relations

________________________________ __________________________________________

(employee signature) (date)

Introductory training on labor protection has been completed:

Employee signature __________________________ Date "__" ____________________

Signature of the person

who conducted the briefing ____________________ Date "__" ____________________

Initial briefing on labor protection in accordance with paragraph 24

of this employment contract has been passed:

________________________________ __________________________________________

(employee signature) (date of review)

Signature of the person

who conducted the briefing ______________________ Date "__" __________________

Employer: Employee:

(full and abbreviated name (last name, first name, patronymic)

legal entity/surname, first name,

patronymic of the individual

entrepreneur)

Address of the legal entity in Residence address:

within its location/

place of residence of an individual

entrepreneur:

__________________________________ ________________________________________

Address of place of implementation Identification document

activities of a legal entity/personality:

individual entrepreneur:

__________________________________ ________________________________________

__________________________________ (type, series and number, issued by,

Date of issue)

Form of employment contract for employment in 2019

The employment contract specifies the conditions that will accompany the employee’s work activity, the relationship between the employee and the employer on the basis of labor legislation and the internal regulations of the employing organization.

Types of employment contracts

Employment contracts can be concluded:

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

As a general rule, an employment contract must be concluded for an indefinite period. The following agreement is considered the same:

if it does not indicate the period of its validity;
if at the end of the term of the fixed-term contract it was not terminated and the employee continues to work;
if a fixed-term contract is concluded without sufficient grounds.

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

A fixed-term employment contract can be drawn up:

when someone is hired instead of a temporarily absent employee, whose position is retained;
for seasonal work;
when work is expected in areas of the Far North and equivalent areas, if this involves relocation;
to prevent or eliminate the consequences of disasters, epidemics and the like;
if the employee gets a job in a small business organization (up to 40 people), retail trade, personal services (up to 25 people) or an individual;
to work abroad;
to carry out temporary work unusual for a given enterprise (commissioning, installation of equipment, expansion of production, etc.);
with pensioners, as well as people whose health requires temporary work;
with a referral to temporary work (including public work) from the employment service;
some other cases.

Contents of the employment contract, conditions of conclusion

They can be divided into essential and optional.

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

A sample of a standard employment contract should contain:

Place of future work (name of the organization; if the employee is accepted into a structural unit, then its name and address).
Start date of work (usually this is the date specified in the contract; if the employee began his duties at the request of the employer earlier than the agreed date, the actual date of start of work is stated in the contract).
Job functions of the employee, according to his specialization, profession in accordance with the staffing table of the enterprise. If there is no such position in the qualification directories, the organization has the right to introduce it and describe it in detail; but here it is necessary to take into account that the benefits or restrictions provided for specialties and professions are associated with the titles of positions that are in the qualification directory of the Russian Federation.
Rights and obligations of the parties. It is more expedient to describe them specifically - regarding the employee’s position and his labor functions in the organization.
Working conditions: this applies to hard, dangerous or harmful work. This paragraph specifies the benefits and compensation provided. Also, for employees of special categories (under 18 years of age, nursing mothers and others) an individual contract is drawn up with a lighter regime of work and rest.
Remuneration. Here, in addition to the salary, allowances, additional payments, bonuses, etc. are stipulated - all this is established in accordance with the current legislation and the internal charter of the organization.
If an organization insures its employees, the types (medical, pension) and conditions of this insurance related to the employee’s work activity are separately indicated.

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

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

This information relates to a series of articles on the procedure for registering an employee and his financial responsibility:

The concept of an employment contract

The basis for the emergence of labor relations is the employment contract.

According to Article 56 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code) employment contract- this is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to a specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement, to pay the employee wages on time and in full, and the employee undertakes to personally perform the labor function determined by this agreement in the interests, under the management and control of the employer, to comply with the internal labor regulations in force for this employer.

It follows from the definition that the parties to the labor relationship and the employment contract are the employer and the employee.

Employees are individuals who have entered into an employment relationship with an employer who have reached the age of 16 (in cases established by law - and persons under 16 years of age).

Employers are both individuals and legal entities. On behalf of a legal entity, the rights and obligations of the employer in labor relations are exercised by its management bodies (organization managers) or persons authorized by them.

An employment contract must necessarily contain the conditions specified in Article 57 of the Labor Code. At the same time, failure to include any mandatory conditions in an employment contract does not constitute grounds for recognizing it as not concluded or for its termination. In this case, the contract must be supplemented with the missing terms by drawing up additional terms. agreements to the employment contract.

The employment contract may also include other conditions that do not worsen the employee’s position in comparison with established labor legislation and other regulations, collective agreements, agreements, and local regulations.

Note: an employment contract cannot include conditions that limit an employee in choosing a court to resolve a labor dispute (letter of Rostrud dated August 7, 2018 No. PG/25583-6-1, rulings of the Supreme Court of the Russian Federation dated May 14, 2018 No. 81-KG18-4, dated August 14, 2017 No. 75-KG17)

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee's receipt of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer.

What conditions cannot be included in an employment contract?

Not all employers take into account the requirements of the law and include conditions in employment contracts that cannot be applied by law. Here are the provisions that are contrary to law that employers most often include in an employment contract:

An indication in the text of the employment contract of its urgency in the absence of the grounds for its establishment established by Article 59 of the Labor Code. If there is no justification for its urgency in the employment contract, the provision on its urgency is considered illegal, and the employment relationship is considered to last indefinitely (letter of Rostrud dated November 30, 2009 No. 3523-6-1, appeal ruling of the Sverdlovsk Regional Court dated November 2, 2016 in case No. 33- 19196/2016).

The condition of a probationary period of more than 3 months (with the exception of management employees).

Conditions that combine main work and part-time work in one contract, because this is a separate labor relationship (Letter of the Ministry of Labor of Russia dated April 26, 2017 No. 14-2/B-357).

Do not indicate information about the place of work of the remote worker, because this contradicts the requirements of Article 57 of the Labor Code (Letter of Rostrud dated 10/07/2013 No. PG/8960-6-1).

Treat with care the property of the Employer, including the property of third parties located at the Employer, if the Employer is responsible for the safety of this property, and other employees.

Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property, including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property, and the property of other employees.

______________________________________________________________________

The employee is obliged to perform other duties provided for by the labor legislation of the Russian Federation and this employment contract

3. Rights and obligations of the Employer

The employer has the right:

The employee is granted annual additional paid leave of _____ duration in connection with ______________________ (indicate the basis for establishing additional leave)

Annual paid leave (main, additional) is provided in accordance with the vacation schedule.

6. Social insurance

The employee is subject to compulsory social insurance in connection with work activities. The types and conditions of compulsory social insurance of an employee in connection with work activities are carried out by the Employer in accordance with the legislation of the Russian Federation.

The employee has the right to additional ______________________ (type of insurance) insurance on the terms and in the manner established by ________________________ (name of the Employer’s local regulatory act).

7. Other terms of the employment contract

The Employee undertakes, during the term of this employment contract and after its termination for ______ years, not to disclose secrets protected by law (state, commercial, official and other secrets) that have become known to the Employee in connection with the performance of his job duties.
The list of information constituting a secret protected by law (state, commercial, official and other secrets) must be familiarized to the Employee against signature.

The employer is obliged to comply with the procedure for processing, other use and ensuring the safety of the employee’s personal data provided for by labor legislation and other federal laws.

In case of failure to fulfill the obligation to violate the procedure for using and unlawfully disclosing information specified in clauses 25 and 26 of this agreement, the corresponding guilty party to the agreement is obliged to compensate the other party for the damage caused.

Other terms of the employment contract ____________________________.

8. Responsibility of the parties to the employment contract

The Employer and the Employee are responsible for failure to fulfill or improper fulfillment of their obligations established by this employment contract, local regulations of the Employer, and the legislation of the Russian Federation.

For committing a disciplinary offense, that is, failure or improper performance by the Employee through his fault of the labor duties assigned to him, disciplinary sanctions may be applied to the Employee as provided for in Article 192 of the Labor Code of the Russian Federation.

The employee and employer may be brought to financial and other types of legal liability in cases and in the manner provided for by labor legislation and other federal laws.

9. Change and termination of the employment contract

Each of the parties to this employment contract has the right to raise with the other party the question of its addition or other changes to the employment contract, which, by agreement of the parties, are formalized by an additional agreement, which is an integral part of the employment contract.

Changes and additions may be made to this employment contract by agreement of the parties also in the following cases:
- when the legislation of the Russian Federation changes in the part affecting the rights, obligations and interests of the parties, as well as when the local regulations of the Employer change;
  
  in other cases provided for by the Labor Code of the Russian Federation.

If the Employer changes the terms of this employment contract (except for the labor function) for reasons related to changes in organizational or technological working conditions, the Employer is obliged to notify the Employee in writing no later than two months before their change (Article 74 of the Labor Code of the Russian Federation ).
The Employer is obliged to notify the Employee personally and against signature of the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization’s employees, at least two months before the dismissal.

This employment contract is terminated only on the grounds established by the Labor Code of the Russian Federation and other federal laws.
Upon termination of an employment contract, the Employee is provided with guarantees and compensation provided for in Chapter 27 of the Labor Code of the Russian Federation, as well as other norms of the Labor Code of the Russian Federation and other federal laws.

10. Final provisions

Labor disputes and disagreements between the parties regarding compliance with the terms of this employment contract are resolved by agreement of the parties, and in case of failure to reach an agreement, they are considered by the labor dispute commission and (or) the court in the manner established by the legislation of the Russian Federation.

Sample employment contractevery company has. Using the sample employment contract, the employer formalizes legal relations with almost all employees. We will help you understand what an employment contract is, look at typical mistakes made when drawing it up, and also tell you what points you need to pay attention to.

Standard form of an employment contract for 2018-2019

A typical employment contract is in writing and must be followed. This means that when an employee just begins to perform his job duties, the employer is required to formalize relations with him in writing. The contract can be considered concluded not from the date of its actual signing, but from the day on which the employee began his work duties.

The standard form of an employment contract is not only a sample of the document, but also a number of mandatory conditions regarding the content. The latest changes to the article of the Labor Code on the content of an employment contract (Article 57) were made in 2013, therefore, when developing a document, it is permissible to use samples of employment contracts drawn up later than this date.

The sample employment contract must contain the following information:

about the employee’s place of work;
labor function of the employee in the organization;
the duration of the contract or the start date of work;
regulations on wages;
characteristics of work in the workplace;
social insurance of workers;
working and rest hours, nature of work, if these conditions differ from the general rules established in the organization;
guarantees and compensation provided for harmful working conditions.

How a standard employment contract for 2018-2019 is drawn up will be discussed below.

Where is the completed copy of the agreement stored?

The employment contract form is usually filled out by HR employees, and the employee only has to sign, thereby confirming his familiarity with the sample standard employment contract and agreement with its terms. If the company accepts that the document is filled out by the employee himself, then the HR department will need a sample of filling out the employment contract.

The document is drawn up and signed in two copies (one copy for each party). The completed employment contract form is given to the HR employee, who, in turn, submits it to the head of the organization for signature (if this has not already been done).

After the signing procedure, one copy is kept by the employer, the other is given to the employee. Evasion from signing an agreement by the employer or failure to provide a copy to an employee is an offense for which the manager bears responsibility under labor legislation.

Download for free and fill out the employment contract form

The sample for filling out an employment contract with an employee for 2018-2019 is no different from the samples from previous years, since there have been no changes in legislation on this issue. And it’s not difficult to download free forms of employment contracts for 2017-2018: they are available in many legal reference systems. We also offer you a completed sample employment contract for 2018, drawn up by our specialists in accordance with all legal requirements.

For example, it is necessary to record the employee’s familiarization with the job description, conduct and register the employee’s completion of induction training at the workplace, labor protection and fire safety standards. Do not also forget that the employee must undergo an internship at the workplace for at least 2 work shifts.

An internship means familiarizing an employee with his direct responsibilities, getting to know the team and bringing him up to speed. After completing the internship, the employee must pass an exam to his immediate supervisor, on the basis of which the degree of his readiness to begin independent work is determined. An internship means familiarizing an employee with his direct responsibilities, getting to know the team and bringing him up to speed. After completing the internship, the employee must pass an exam to his immediate supervisor, on the basis of which the degree of his readiness to begin independent work is determined.

Particular attention should be paid to assigning an employee the 1st electrical safety group for “non-electrical” personnel. Even if your job does not directly involve electricity, you should be aware and trained in the basic handling of electrical appliances and how to operate them safely. It is important to note that electrical safety training for employees can only be carried out by an employee who has an electrical safety clearance group of at least 4.

Don't know your rights?

In view of periodic changes in legislation in the field of personal data protection, it should also be remembered that a competent sample of filling out an employment contract must necessarily contain information about the employee’s consent to the processing of personal data.

Also, the example of an employment contract taken as a sample must contain an indication of the individual characteristics of the labor relationship with a specific employee. For example, the duration of the contract is indicated (if the employee is hired for a certain period). An indication is provided for performing part-time work internally or externally (if this is not the employee’s main place of work), the possibility of providing additional benefits or payments is indicated (for example, if such work is classified as a profession with harmful or dangerous working conditions or your salary includes yourself and a monthly bonus).

And do not forget that the signed 2nd copy of the completed sample employment contract must be given to the employee, and the 1st remains with the employer. All changes and additions to the employment contract are formalized by additional agreements to the employment contract.

It is also worth noting that the contract can be completed online. That is, many legal portals have developed special programs where you can enter the data of the employee and the employer, and the program itself will formalize them into a standard contract and make it possible to download the employment contract with the employee in a ready-made version. The parties only have to sign.

How to draw up an employment contract with an employee

A sample employment contract can be downloaded for free on almost every legal portal, but do not rush to immediately use it for your own purposes. First, check that the employment contract form includes the items necessary for this type of document. So, a sample employment agreement for an employee should contain the following sections:

The preamble of a correctly drawn up sample employment contract must include the names (names) of the parties to the contract, that is, the name of the employing organization and full name. employee.
Further, the standard form of an employment contract usually contains an indication of the position, as well as the division of the enterprise in which the employee will work.
The next clause of the contract is usually an indication of the rights and obligations of the parties. For the most part, they regulate the relationship between employee and employer. In particular, it stipulates the responsibilities of the employee, which he must perform in accordance with the job description developed in a certain company, enterprise, etc. The employer’s responsibilities include: calculating and paying wages within a certain time frame, providing the employee with what is necessary to perform work equipment, inventory, workwear, compliance with labor laws and others.
This is followed by a section of the employment contract, which regulates the work and rest regime, or there may be a reference to the internal regulations, and the rate (amount) of remuneration is established.
Other terms of the employment contract that do not fall under the mentioned sections.
Finally, the signatures of the parties are affixed.

IMPORTANT! From 01/01/2017, micro-enterprises (firms and individual entrepreneurs with up to 15 employees and an annual income of up to 120 million rubles) can use a special form of a standard employment contract approved by Government Resolution No. dated 08/27/2016 858. The use of this form frees you from the need to develop and adopt local acts (regulations on wages, etc.). d.).

The difference between an employment contract and a civil law one

In recent years, there has been a steady trend of replacing the formalization of labor relations with civil contracts. Is it worth agreeing to such registration?

Of course, there are situations when concluding such an agreement is justified and appropriate, but in most cases, this is solely a way for the employer to reduce its costs for employees, as well as infringe on their rights. Let's figure out why.

A civil contract means the existence of an agreement between two parties, let's call them the employee and the employer, although in the contract they will be called differently (most likely, the customer and the contractor). Its essence is that the employee performs certain work (provides services), and the employer accepts this work and pays according to the agreed price.

From this definition it follows that the relationship between the contractor and the customer is not labor, and, therefore, the norms of labor legislation are not applicable to the contractor. This means that he is not entitled to vacation or sick leave, the employer does not deduct mandatory amounts for the employee to social government bodies, is not obliged to provide parental leave, etc.

In addition, this group of contracts is not subject to minimum wage requirements, and the employee will not be able to protect his interests through the labor inspectorate. If something happens, he will have to defend his interests independently in a court of general jurisdiction.

Work under a civil contract is not counted towards the length of service if insurance premiums are not paid for the employee, which, of course, will have an extremely negative impact on your future pension; in addition, management’s powers to terminate such a contract have been significantly expanded.

In other words, labor legislation clearly regulates the grounds for dismissing an employee, and the employer cannot dismiss an employee without compelling reasons, the list of which is clearly specified in the Labor Code. But terminating a civil contract will not pose any particular difficulties. The fact is that such contracts are terminated in including, and unilaterally, unless otherwise provided, only work actually performed will be compensated. No compensation for unused vacation, no payments that would take place in the event of a job reduction, etc.

That is, they can fire you when they want. On the other hand, you can leave when you want, without working the 2 weeks required by law. However, if the employer proves that your actions caused him losses, you will have to compensate them. At the same time, The so-called lost profits are also subject to compensation, that is, the employer’s income that he could have received, but did not receive due to your refusal to fulfill the contract.

Whether such a risk is justified for you and whether it is worth deliberately infringing on your rights - this question remains open.

You will also be interested in reading the materials that we wrote specifically for our

Employment contract form. Sample (approximate form) of an employment contract