What are the terms of an employment contract. Mandatory conditions of the employment contract. What it is

An employment contract is a document that has legal force only if certain conditions are met. This is the main document that regulates the relationship between the employee and the employer. Therefore, it must be drawn up in full compliance with the law.

At the conclusion labor contract both the employee and the employer must come to an agreement that addresses several points:

• performance by the applicant of a labor function;
• his working conditions;
• remuneration of his labor - order and size wages;
• mode of work and rest.

This is stated in Art. 56 of the Labor Code of the Russian Federation.

In addition, a mandatory condition of the employment contract are:

• Information about the employer:
  • full name with indication of organizational - legal form;
  • the document on the basis of which the employer carries out its activities;
  • full name and position of the head;
  • sometimes indicate TIN and OGRP.
• Employee information:
  • full name;
  • passport data - date of birth, series and number of the passport, subdivision code, by whom and when issued, address of residence and place of registration, if they do not match.

There is no unified form of employment contract (except for contracts with state and municipal employees). But when it is concluded, certain conditions must be observed. Mandatory conditions of the employment contract are determined by Art. 57 of the Labor Code of the Russian Federation.

Information about the employee and the employer is indicated in the preamble. Here it is necessary to indicate the date and place of conclusion of this document.

Another mandatory condition of the employment contract is the place of work of the new employee. The concept of "place of work" is not disclosed in the labor legislation. If an employee goes to work in a branch or representative office, then this must be indicated.

It is also mandatory to indicate the labor function of a particular employee, that is, the duties that he will have to perform in accordance with the position. The employment contract can only specify general labor obligations. More fully they need to be stated in the job description. The further work of the new employee depends on the full and clear definition of the labor function.

The next prerequisite is the start date of work, that is, the date when a new employee is actually allowed to perform his labor functions. The date of signing the employment contract and the date of commencement of work do not always coincide. Often, in order to start performing their labor functions, an employee needs to undergo a mandatory medical examination.

The conditions of employee remuneration are also a prerequisite. The employment contract must specify the salary of the new employee or the amount tariff rate, but in full accordance with the staffing table. The size of the tariff rate or salary must be indicated in numbers, and then (in brackets) in words.

If an employee works in difficult climatic conditions or in hazardous production, then the law provides for compensation. Its size must be specified in the employment contract.

The procedure for concluding an employment contract

Despite the fact that the procedure for concluding an employment agreement with a new employee is clearly regulated by modern legislative norms, practice shows that various errors and violations are still encountered in this matter.

The main purpose of signing a formal employment contract by the parties is to streamline emerging relationships and fix the most important points that characterize future professional activities. That is why the employment contract is always drawn up in writing.

If we talk about the main stages of the procedure for signing an employment agreement, these include the following:

1. Preliminary stage. Here, the employer, after the first acquaintance with the future employee, must draw the most objective conclusions about whether he is suitable for the existing one. vacant position whether his candidacy meets the established requirements, etc. Maximum attention should be paid even to such an indicator as the age of the applicant. In accordance with the established rules, the opportunity to work in our country appears at the time of reaching 16 years.
2. Main stage. Here begins the main procedure for concluding a pre-prepared labor agreement. First of all, the employee himself should be carefully familiarized with the contents of the document. If his future work activity in this institution is characterized by the presence of some features, for example, constant traveling, the employee must be informed about this in advance.
   Some additional procedures may also be included in this stage, provided that their passage is really necessary for the further work of a citizen. One of the most common examples would be a prospective employee undergoing a medical examination. Modern legislative norms establish a list of special categories of employees for whom preliminary inspection during employment is mandatory.
3. The next important procedure will be the provision by the employee of all the necessary documents for concluding an employment contract. The list of such securities is established at the legislative level.
4. After the settlement of all the above issues, the parties can proceed to the main stage, namely, the signing of an employment contract. This document is always drawn up in two copies, one of them remains with the employer, while the other is handed over to the employee.

It should be noted that the moment of signing the employment agreement is not the final stage in the employment procedure. In particular, the obligations of the employer will include the formation of other documents, the main of which is the order to accept a new employee for a particular position.

Information provided by the employee for the conclusion of an employment contract

In accordance with the established requirements, the duties of an employee for signing an employment contract will only include the provision of one main document, namely, his passport for identification. This is necessary in order to include the following data in the agreement:

• number and other individual characteristics of the passport itself. Current regulations require that this information must be included in absolutely every employment contract;
• Name of the future employee. This is the basic information that should also be included in any employment agreement, regardless of the future position of the employee, as well as other factors.

It should be noted that the employee's passport will be enough only to sign an employment agreement. However, to start professional activity the direct duties of the employee will include the provision of other additional documents to his employer. The list of such securities was established by the current labor legislation. The main ones include the following:

1. Documents confirming the fact that the future employee has any education - diplomas, etc. This also includes additional papers confirming, for example, the fact that a citizen has completed advanced training courses, various trainings, etc.
2. Certificate of registration with the local tax office.
3. SNILS employee.

In some cases, the duties of the future employee will include the provision of other additional documents. For example, if we are talking about a man, the employer may require him to have a military ID. Often, the list of required papers presented during employment includes documentary evidence of the fact of passing a medical examination, etc.

The employee will be required to submit all the necessary documents even before the start of his professional activity in new organization. If, for any reason, the subordinate refuses to provide the papers required by the employer, the latter will have the legal right to refuse employment.

Additional terms of the employment contract

In addition to the basic conditions that must be present in each employment contract, the legislative norms have also established the possibility of including some additional information in this document. This information can be a variety of information. The main thing is that it should be directly related to the professional activities of the employee, as well as to his rights and legitimate interests.

The most common additional information that can most often be found in modern labor agreements includes the following:

1. Probation information. In accordance with the current labor standards it is a special time period during which the employer can "take a closer look" at the employee and draw the appropriate conclusions about whether this employee is suitable for future work or not. legal right to establish probationary period any employer has. The main thing is that they comply with the various rules that apply to this issue. In addition, the subordinate himself must be familiar with the fact of the existence of a preliminary test period. It should always be remembered that hiding such information from a future employee is a serious violation on the part of the employer.
2. On the need to sign additional agreement regarding health insurance. Of course, the signing of this document is entirely in the interests of the employees themselves. After signing, the employee will have a legal right to use some free medical services in certain institutions with which the employer previously concluded a special agreement. However, despite the fact that voluntary health insurance is only beneficial for employees, each of them must be warned about this option during their employment in the organization.
3. On the provision of various benefits and additional amenities to employees during their work in this organization. The most common example, in this case, would be providing a subordinate with a service apartment. Of course, this option is a serious bonus for the employee. That is why he should be warned about this fact in advance.
4. About some additional obligations that may be assigned to an employee, including the time after his dismissal from the organization. The most common such obligation is to keep a company's trade secrets. In this case, the employer can specify a certain time period during which the employee will not have legal right disclosure of confidential information after dismissal. In addition, the employee must have a clear idea of ​​what will happen if the above rule is violated. Here, the employer will need to include in the employment contract information that he will be able to make formal claims against his former employee.

It should be noted that the current regulations do not limit the list of additional conditions that may be included in an employment contract. Therefore, the employer may put some other information there if necessary. The main thing is that they do not contradict existing rules and do not violate the interests of employees. Otherwise, the agreement previously concluded by the parties will be invalidated.

Terms of the employment contract

An employment contract is an agreement under which the employer is obliged to give the employee a job and normal working conditions, pay for his work on time and in full, and the employee must perform the work specified in the agreement, comply with labor regulations. The labor is drawn up in writing, signed by the employer and employee. The document must contain the following information:

Full name of the employee, name or full name of the employer (if he is an individual);

Data of the employee's passport (or other document confirming his identity) and the employer (if he is an individual);

TIN of the employer (if it is a legal entity);

Information about the representative of the employer who signs the employment contract, and an indication on the basis of which he acts (for example, on the basis of a power of attorney, charter or order);

Date and place of imprisonment.

The essential terms of the contract are such terms, without which the document has no legal force. By Civil Code RF, to include: the subject (object) of the contract, as well as legally named essential conditions for the specific and the conditions on which an agreement must be reached. The document is considered valid only when there is agreement on all material points.

Mandatory conditions of the employment contract:

The labor duties of an employee (a certain type of assigned work by profession, specialty with specification of qualifications);

Place of work; if the employee is accepted to a branch or representative office of the employer, the contract indicates the name structural unit and his address;

Start date of work;

If - the time of its action is specified;

Salary payment system, terms of additional payments, allowances, bonuses and bonuses);

Indication of intervals of working hours and breaks for rest;

Compensation for hard and unhealthy work;

Other legally stipulated conditions.

If, when signing the document, the mandatory terms of the contract or information were not included in it, it should be drawn up for this contract with clarification. In addition, the employment agreement may contain other terms of the contract that do not worsen the position of the employee and do not contradict the law: on a probationary period, on non-disclosure of commercial, state, official secrets, on additional employee insurance, on social and domestic improvements for the employee and members of his family , on the rights, obligations of the employee and the employer, based on labor and general legislation.

When can an employer change an employment contract?

According to the Labor Code of the Russian Federation, it is possible to change the terms of the employment contract at the suggestion of the employer if the technological or organizational conditions change in the organization. At the same time, the work function of the employee is preserved. He must be notified in writing of future changes sixty days in advance. If the employee does not want to work in the new conditions, the employer must offer other vacant positions or work that a person can do with his health. The employer is also obliged to offer all available vacancies suitable for the employee. If there are none or the employee refuses the proposed options, the employment contract is terminated.

Consider the parties and the content of the employment contract.

Information is called general information that defines the parties to the contract.

Conditions - perhaps the most voluminous section of the agreement. In fact, these are the rights and obligations of the parties. There are several types of conditions - additional, random and mandatory.

Intelligence

Let's start with the information specified in the contract. Although the term "data" is quite common, the term "information" is legally correct. It is he who is found in the 57th article of the Labor Code of the Russian Federation. According to her, the following information must be indicated in the contract:

1. Name of the employee.
2. The name of the employer.
3. Proof of identity (such as a passport number).
4. If the agreement is not signed by the employer personally, then the information of the representative.

In addition, as in all other agreements, indicate the date / place of conclusion of the employment contract. The contract is concluded in 2 copies.

Conditions

The terms of the employment contract of the Labor Code of the Russian Federation are divided into several types. First, let's analyze the essential conditions of the employment contract - mandatory.

Mandatory

What conditions of the employment contract are mandatory for inclusion in the contract?

Sometimes mandatory conditions are called "essential".

However, this not quite right. The Labor Code does not include such a term.

Conditions without which an employment contract cannot be concluded are called "mandatory".

The following conditions are mandatory for inclusion in an employment contract:

Labor function- this is the second mandatory condition of the labor contract of the Labor Code of the Russian Federation. There are several options for defining an employee's job function. The first is work by position, which corresponds to staffing.

The second is to determine the function according to the profession and qualifications (of the employee). The last method is the definition through specific types of work assigned to the employee. This is understood calculation of the percentage of work performed by an employee.

To understand, let's take an example with a courier service.

At the request of his superiors, employee Yuri is 20% busy with paperwork, reports and other work in the office.

He helps since the office manager is on vacation. But most of the time (80% of the time) Yuri is busy delivering packages.

Thus, Yuri's main activity is delivery. Therefore, his labor function is courier activity.

The parties to the contract are free to give the names of the labor function themselves.. However, their names must not be contrary to federal law. This means that in some areas there are established names. You can find them in special reference books of professions.

The essential terms of an employment contract are start date. From the name it follows that the condition determines the beginning of the employee's labor activity at the enterprise.

Instructs the employee to start performing his duties from the date specified in the contract. If the employment contract does not stipulate the day of commencement of work, then the employee must start work on the day following the entry into force of the agreement.

Validity is important only for fixed-term employment contracts. The agreement can be concluded for a maximum period up to 5 years. If the agreement is concluded without specifying the fact that the contract is fixed-term, then it will be considered unlimited automatically.

Fixed-term contracts are less common. For their design work must have a clearly defined design character and an exact end date for the project must be determined.

The main terms of the employment contract include salary. The contract must specify official salary employee or the size of the tariff rate. Additional payments / allowances are also prescribed. They can not be indicated directly (numerically), but give a link to the legal acts of the enterprise that regulate the procedure and amount of surcharges.

(work time and rest) is not always indicated in the employment contract (in a separate paragraph).

The section will be mandatory only if the employee is expected to have rules other than the general () governing the work and rest of the entire enterprise.

Such special cases (requiring a separate section in the contract) include: part-time work, irregular working hours.

In addition, sometimes the production process itself determines the rest mode (for example, restart periods, equipment maintenance).

Mandatory conditions of the employment contract are - harmful factors, if any, at the enterprise, their must always be specified in the agreement. What impact production environment are called harmful, article 209 of the Labor Code describes in detail. In total, four degrees of harmfulness are distinguished. The degree is influenced by physical, chemical, vibrational, toxic and some other factors.

A combination of harmful factors can also influence. In addition to information about the degree and sources of harm, it is imperative to describe the compensation that employees are entitled to. These include: increased wages, additional vacation time.

Working conditions: Since 2013, more stringent requirements have been introduced. Changes were made by Federal Law N421.

The employer is now obliged to inform the employee in writing about the results of the inspection of the workplace, even if it is recognized as not harmful.

The employee must receive data on the certification of his future workplace. The rule also applies to offices.

The mandatory (main) clauses of the employment contract include the employee's social insurance.

According to Federal Law N90 social insurance has become directly linked to labor relations.

For the most part, insurance and interaction with the FSS is the concern of the employer.

This is due to the fact that the employer acts as an insured (pays insurance premiums to the Fund).

The employee is the injured party, he receives benefits. In the section, it is necessary to indicate the procedure for appointment, the amount of benefits and other information from labor legislation relating to this issue. Additional insurance can be arranged upon request.

Nature of work: according to the nature of the work is divided into four types. Work can be traveling, mobile, "on the way" or have a different character. For traveling, the employee’s ability to return home at the end of the working day is characteristic.

For "mobile" and work on the road, this possibility is not provided. A typical traveling activity is working as a courier and postman.

Legislation may establish other mandatory conditions. But the most important are the above.

Additional

The contract may specify additional terms. When entering them into the agreement, it must be taken into account that they should not contradict labor legislation, other regulatory legal acts. Any conditions that unlawfully worsen the situation of an employee, will not have power.

- probably one of the most common additional conditions.

During a certain period of time, the employer looks at the employee, evaluates his professional and personal qualities.

Usually probationary period cannot exceed three months.

But for positions with very high responsibility (chief accountant, director), it can be up to six months.

If the failure to pass the probationary period was not issued by a separate document, it is counted automatically. After that, the employee is enrolled in the company's staff.

part-time: an employee can combine several positions at the same time. Implementation is possible on a permanent and temporary basis. If the additional position implies harmful conditions, then compensation is due, as in the usual case.

Liability is limited and full. Enter into a separate agreement for limited liability not required, it is enabled by default.

In case of limited liability, compensation is subject to damage that was caused as a result of gross violations or inaction of the parties. Gross violation there may be disregard for regulations affecting the work process, disciplinary offenses, non-fulfillment of direct duties.

Full liability is an obligation determined by the parties to ensure that make full compensation for damages. For full liability a separate agreement is required.. There is a list of professions that are prescribed to establish a full mat. responsibility. The list can be found in the resolution of the Ministry of Social Development N85.

Non-disclosure of state/commercial secrets at military and sensitive enterprises remains the norm and is widely practiced.

In the private sector, such a condition can also be found in the contract.

It is applicable for employees working with important papers.

These include technical documentation, contracts, classified information about negotiations.

Training is allowed to be allocated in a separate clause of the agreement. If the employer spends his money on training an employee, then you can set a minimum period of work.

In this case, a condition should be fixed in the employment contract in order to reduce the risks associated with possible dismissal.

In addition to the above conditions, the parties may stipulate and fix other rights and obligations in the contract. The main condition is that they must not be contrary to law and worsen the situation of the employee (for example, payment below the minimum wage).

These often include additional leave and compensation. The agreement may also contain clauses on additional insurance.. The most common are medical (for example, VHI) and pension insurance.

other information

Random conditions are included in the contract by agreement of the parties. They supplement or modify the usual conditions. Their inclusion/absence does not affect the validity of the agreement.

On the scale of importance, the mandatory conditions are the first, the optional ones are the second, and the random ones are the third (least important). Random (other) conditions, like all others, cannot contradict the law and worsen the position of the employee.

Failure to comply with the terms/obligations may result in a variety of sanctions.

The easiest measure is a verbal reprimand to the employee.

Then there are monetary penalties for both the employee and the employer. The last resort would be imprisonment.

An employer can be sentenced to imprisonment, for example, if he illegally withheld wages.

Useful video

This video discusses all the necessary conditions for concluding an employment contract:

Conclusion

The contract includes three main concepts − content, information and conditions. Content is the sum of terms and information. Information is called identification information - who and with whom concludes a contract. The information indicates the full name, passport data, TIN.

The terms of the employment contract are divided into mandatory, random and additional. The most important are mandatory, without their indication the agreement will not be valid. If necessary, additional conditions are added to the contract. Random conditions when concluding an employment contract are not mandatory, their indication is not necessary.

In Russia, legislation strictly regulates the issue of formalizing the relationship between workers and employers, and that is why it provides for the mandatory terms of an employment contract in 2018, which must be present in the concluded document, regardless of other circumstances. The absence of one of the mandatory conditions for inclusion in an employment contract in some cases may lead to the recognition of the document as invalid in its individual parts, or to the responsibility of the employer, or other negative consequences. That is why each of the parties to the relationship should be aware of what information should be present in the employment contract and check its availability.

Mandatory conditions of an employment contract under the Labor Code of the Russian Federation - legislative regulation

From the point of view of Russian legislation, the main regulatory document on the basis of which most aspects of labor relations are actually regulated is the Labor Code. In particular, the Labor Code of the Russian Federation also describes the mandatory terms of an employment contract, as well as other standards that must be observed by both the employer and the worker when hiring the latter. The legal regulation of the mandatory terms of an employment contract is considered primarily by the provisions of the following articles of the Labor Code of the Russian Federation:

• Art.56. The standards of this article define the very concept of an employment contract as the main document regulating the existence of working relationships.
• Art.57. The regulation of this article is directly devoted to the mandatory terms of the employment contract and includes a list of information that must be present in the agreement in any case, as well as data that is optionally included in the text of the agreement.

These are only the main regulatory requirements affecting the issues of procedural registration of existing labor relations. In practice, the legal regulation of mandatory information, which must be included in the agreement concluded between the parties, may be provided by other regulations - as directly by separate articles Labor Code, and federal laws, and other documents of the national level.

Article 56 of the Labor Code of the Russian Federation suggests that even the absence of information required to be indicated in an employment contract may not be sufficient grounds for its termination or invalidation. In the event that any mandatory information was omitted during the preparation and signing of the document, the parties have the right to change the provisions of the concluded contract with the help of an agreement, or else to seek a change in the employment contract in court.

What conditions are mandatory for inclusion in an employment contract

The conditions that are mandatory for inclusion in an employment contract, as mentioned earlier, are considered mainly by the provisions of Article 57 of the Labor Code of the Russian Federation. Since the number of these conditions is quite large and each of them can have its own individual characteristics legal regulation, we can divide them into key groups, which will be discussed in more detail later. So, the types of conditions that are mandatory in an employment contract can be as follows:

• Installation information. It affects aspects directly related to the subjects of labor relations - the employer and the applicant, as well as a number of mandatory information about the conclusion of the agreement itself.
• Place of work. The place where the employee will work must also be directly stipulated in the provisions of the contract. At the same time, there are quite a few nuances in this matter that the employer should take into account.
• Labor function of the employee. The employment contract must fully describe the main tasks of the employee within the framework of work for the employer, establish it job responsibilities and rights. At the same time, it is possible not to list all the necessary requirements in the contract, which should also be taken into account when drawing up the document.
• The order and conditions of remuneration. The remuneration system established at the enterprise, as well as the direct amount of tariff rates, the employee's salary, bonuses - must be mandatory stipulated in the agreement being concluded.
• Working hours and rest. The employer must fix the working hours of the employee, taking into account both the working time and the working week, the procedure for granting holidays and other nuances related to ensuring the employee's right to rest.
• Working conditions and additional guarantees. If the work will be associated with non-standard working conditions, be of a harmful or dangerous nature, this should be reflected in the agreement being concluded, while the employer must also reflect in the contract the guarantees provided in connection with special working conditions - both provided by the state and optionally established in within a position or company.

In some cases, certain terms of the contract are not initially binding, but their indication may be considered mandatory if there is a specific legal aspect that the employer or job seeker wants to use. For example, if labor activity involves a probationary period, the full liability of the employee and other nuances of the activity, they must necessarily be reflected in the provisions of the document being concluded.

Setting data of the parties to the employment contract as a prerequisite for its conclusion

Under the setting data, the legislation implies an indication of basic information about the parties to the employment contract themselves and about the conclusion of the document. So, they include the following data:

• Name of the employee.
• Information about the employee's identity card - including the date of issue and serial number document.
• Full name of the employer, if he is an individual, or full name legal entity.
• TIN of the employer.
• Date of conclusion of the contract.
• Place of agreement.

It should be noted that the employer must separately indicate in the provisions of the employment contract the place of conclusion of the document, and the place of work of the employee - these are different information that will not necessarily be identical. It is also necessary to remember that the date of conclusion of the contract and the date of the direct entry of the applicant to work may differ, however, the conclusion of the contract in any case must occur earlier than this date.

If the contract did not contain these key information that allows one of the persons who entered into it to be reliably identified, or if it is impossible to identify the date of the conclusion of the contract, and an agreement between the parties has not been reached, the contract may eventually be declared invalid, but only in court. The indication of false information or forged documents at the conclusion of the contract is a sufficient reason for its termination at the initiative of the injured party, but it is she who makes the decision to terminate.

Mandatory requirements for an employment contract on the place of work

The issue of indicating the actual place of work of an employee is extremely relevant for both employees and employers. At the same time, it should be noted that the legislator does not indicate the need to precisely determine workplace up to the address and place of accommodation of the worker, which provides certain opportunities for the employer. Therefore, a number of features should be taken into account when specifying the workplace:

If the employee works at home, then his home is indicated as the place of work, the same applies to the obligation to indicate the nature of the work at home. With a remote contract, the place of work may simply indicate the actual location of the employee.

Labor function as a mandatory condition of an employment contract

The mandatory conditions of the employment contract include, last but not least, the labor function of the employee. It means the spectrum official duties the employee, the nature of his work activity and position - all these data must be present in the text of the employment contract. At the same time, the employer does not need to describe all the wording of the employee's job responsibilities. So, in the text of the contract, references to the job descriptions and staffing table acting as local regulations of the enterprise can be drawn up.

The position fixed in local regulations and the employment contract must match. At the same time, if the position may imply special working conditions that provide additional social guarantees, it must also comply with a single classifier reference book.

The employer does not have the right to involve an employee in the performance of duties not provided for by his labor function - even within the framework of an order. Such involvement may require either the direct and voluntary consent of the employee, or a change in the labor function in the contract, which also requires the consent of the worker. It is prohibited to bring an employee to disciplinary responsibility for refusing to engage in activities that are not part of the employee's labor function.

If the labor function involves work in harmful or dangerous conditions, this nature of labor activity must be fully considered by the provisions of the contract.

Remuneration and working conditions as a mandatory condition of an employment contract

The working regime in Russian legislation means the establishment of a work schedule - working week, length of the working day and directly working time. At the same time, employee breaks, vacations and the procedure for obtaining them, as well as holidays and holidays. If the work will be carried out at night, this must also be initially provided for in the text of the contract.

The mode of work specified in the contract is the only basis indicating the time the employee leaves for work and leaves it. If necessary, the regime can be changed only by agreement between the employer and the employee - or, with prior notice two months before the change, if it occurred due to a change in technical or organizational working conditions. The labor regime has the right to control trade union organizations.

There is no need to specify the working regime directly in the provisions of the agreement, if it provides for a reference to individual local regulatory documents enterprises - to the current staffing table, collective agreement or other duly recorded documents that the employee can familiarize with.

The legislation also gives the employer the right to independently establish a remuneration system in any form that does not contradict the current legislation. This allows you to use effective methods of employee motivation and personnel management and gives the employer the opportunity to improve the performance of the enterprise. At the same time, the employment contract must contain information both about the remuneration system and about its individual details that affect the direct amount of the employee's salary. In general, for an employment contract, it is sufficient to mention that the remuneration system and the amount of remuneration at the enterprise are established by the current job schedule or payment terms.

Under no circumstances, if an employee works full-time, he can not receive wages lower than the minimum wage. However, it is permissible to set a rate or salary below the minimum wage - there are no violations in these actions if other components of the salary actually at the time of payment make it higher or equal to this indicator.

Additional conditions in the employment contract that are mandatory optional

As mentioned earlier, if the labor regime will have certain features, their presence must be indicated in the employment contract, however, they are not mandatory conditions for each document - in the absence of such features, they may simply not be mentioned in the text, and this will not be violation of the law. Some of the conditions that must be mentioned in the contract include:

• Terms of the contract. If the contract is urgent and is governed by the provisions of Articles 58 and 59 of the Labor Code of the Russian Federation, then the fact of urgency must be reflected in the document, as well as the circumstances indicating the end of the employment relationship. At the same time, short-term contracts and seasonal contracts are also referred to as urgent, however, the seasonal nature of the activity should also be reflected in the provisions of the document, if it is provided. More details about the features of the conclusion and legal regulation of fixed-term employment contracts can be found in a separate article.
• Having a probationary period. The probationary period under the Labor Code of the Russian Federation is regulated by the standards of Articles 70 and 71 of the Labor Code of the Russian Federation. If it is provided, then information about the probationary period should also be reflected in the text of the contract. At the same time, the probationary period affects the possibility of dismissal of the employee both due to failure to pass the probation, and due to own will employee, greatly simplifying the process of terminating the relationship for each of their parties. However, it should be remembered that certain categories of workers are prohibited from establishing a probationary period.
• Material liability. If the position provides for the full liability of the employee, this condition must be reflected in the employment contract initially. Otherwise, the employer will need to conclude an additional agreement with the employee, in which the latter may refuse to participate.
• Student agreement. If the employer provides employees with training opportunities and bears the costs associated with it, the current contract may imply the obligation of the employee to work for a certain period of time as compensation for the time and money spent by the employer. And this fact must also be fully reflected in the provisions of the contract being concluded.
• Access to legally protected secrets. If an employee needs to have access to a secret due to his job duties, he must be informed about this and confirm his consent to such access and, accordingly, responsibility for disclosing protected information. Just as in the case with liability, this issue can be considered as part of an additional agreement, but it would be better if it is mentioned directly in the main document regulating the relationship between the employee and the employer.

It should also be remembered that there are many other additional conditions that, in one case or another, must necessarily be taken into account in the provisions of the contract. These may include both certain regional requirements put forward by the authorities and the legislation of the constituent entities of the Russian Federation, as well as individual labor regimes. For example - doing work in the Far North, working with children, shift work and similar specific circumstances.

place of work. and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;

labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements they must comply with the names and requirements specified in the qualification reference books. approved in order. established by the Government Russian Federation, or the relevant provisions of professional standards;

(As amended by Federal Laws No. 13-FZ dated February 28, 2008. No. 236-FZ dated December 3, 2012)

(as amended by Federal Law No. 421-FZ of December 28, 2013)

(see text in previous edition)

on clarification in relation to working conditions this employee rights and obligations of employees and employers labor law and other normative legal acts containing norms labor law;

(paragraph introduced by Federal Law No. 421-FZ of December 28, 2013)

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The employment contract specifies:

surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;

information about the documents proving the identity of the employee and the employer - an individual;

taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);

information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;

place and date of conclusion of the employment contract.

The following conditions are mandatory for inclusion in an employment contract:

place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;

labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards;

the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;

terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);

guarantees and compensations for work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;

conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

working conditions in the workplace;

a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;

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other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

If, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.

The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements, local regulations, in particular:

on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;

on non-disclosure of legally protected secrets (state, official, commercial and other);

on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;

on the types and conditions of additional employee insurance;

on improving the social and living conditions of the employee and members of his family;

on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.

on additional non-state pension provision for an employee.

By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements . Failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Labor Code (Article 57 of the Labor Code of the Russian Federation 2017)

Employment contract part 3

Relevance: 2014

3. Conditions that must be included in the employment contract.

The first part includes information characterizing the employee and the employer, the second - the mandatory terms of the employment contract and the third - the terms of the employment contract, which the parties could establish at their discretion. In personnel records management, it is important to observe these features of drawing up an employment contract.

The terms of the employment contract are included in its content by agreement of the parties.

They are divided into direct, stipulated directly by the parties in the written text of the employment contract, and derivatives, provided for by law, by agreement by virtue of the conclusion of an employment contract (on the procedure for transfers, dismissal, labor protection rules, etc.).

Immediate conditions can be of two types:

Without mandatory conditions, there can be no employment contract.

The following conditions are mandatory for inclusion in an employment contract:

1. place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization in another locality - the place of work indicating the separate structural unit and its location.

An indication of any structural unit, as required by the Labor Code of the Russian Federation by Federal Law No. 90-FZ of July 30, 2006, is now recognized as an additional, clarifying condition;

1. the labor function of an employee, which means:
   a) work in the relevant position in accordance with the staffing table;
   b) work in a certain profession or specialty, indicating qualifications;
   c) specific type of work.
   Labor function (work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications, the specific type of work assigned to him). If, in accordance with the Federal Law, benefits or restrictions are provided for certain positions, then their names should be indicated in accordance with qualification guides.
   In the employment contract, the law obliges to indicate the name of the position in accordance with the organization's staffing table.
2. start date, i.e. day, month and year from which the employee is obliged to start performing labor duties. The start date of work may coincide with the day the employment contract is concluded, or the parties may agree that the employee will start work later. In any case, the exact date of commencement of work is indicated in the employment contract;
3. remuneration, including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments.
   They are determined in accordance with the profession, position, qualification category and qualification category of the employee (see Articles 132, 135 of the Labor Code). The size of the tariff rate or official salary must be specified directly in the employment contract.
   Additional payments, allowances and incentive payments due to an employee may be directly indicated in the employment contract, or it may refer to the relevant regulatory legal act or collective agreement that provides for the grounds and conditions for their payment. In the latter case, the employee must be familiarized with the content of these regulatory legal acts and the collective agreement against signature;
4. working time and rest time. This condition is mandatory if the regime under this employment contract of the employee does not coincide with the general regime of work and rest in force with the employer;
5. compensation for hard work and work with harmful and (or) dangerous working conditions, as well as characteristics of working conditions at the workplace, if a person is hired of this kind;
6. conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, etc.).
   In accordance with Art. 168.1 of the Labor Code, the amount and procedure for reimbursement of expenses associated with business trips of employees, permanent job which is carried out on the way or has a traveling character, are established not only by a collective agreement, agreements, local regulations, but also (in appropriate cases) by an employment contract;
7. a condition on compulsory social insurance of an employee in accordance with the Labor Code and other federal laws.
8. other conditions, in cases provided for by law.
   The list of conditions of the employment contract, provided for in Part 2 of Art. 57 is not exhaustive. Legislation and other normative legal acts containing labor law norms may provide for other conditions as mandatory conditions of an employment contract.

Employer in progress personnel office work it is important to know that the absence of any of the mandatory conditions in the employment contract is not a basis for terminating the employment contract or recognizing it as not concluded.

According to part 3 of Art. 57, if at the conclusion of the employment contract it did not include certain mandatory conditions, it must be supplemented with the missing conditions. In this case, the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing. Both the appendix to the contract and the separate agreement of the parties are an integral part of the employment contract and have equal legal force with it.

The following conditions are mandatory for inclusion in an employment contract:
1) About the place of work or the location of the structural unit. The place of work is understood as a specific organization - a legal entity that has its own name. If an employee is hired by a branch, or a representative office of a legal entity, or another separate structural unit of the organization located in another location, the place of work is fixed in the employment contract, indicating the separate structural unit and its location.

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2) On the labor function that the employee will perform in the relevant position, qualifications in accordance with the staffing table, or on the specific type of work assigned to the employee.

3) On the conditions that determine the nature of the work (associated with traveling, work on the road, etc.). On compensation payments for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace.
Work is considered to be traveling in nature if it involves the performance of labor functions by employees at facilities located at a considerable distance from the employer's location, or frequent travel of employees on behalf of the employer. Work is characterized as work on the road if the employee's labor function is performed in the process of movement vehicle(for example, chiefs (brigadiers) passenger trains, wagon attendants, etc.). In such an employment contract, it is also necessary to indicate whether the performance of the labor function is constantly or periodically assumed in the specified conditions. In this case, the employer reimburses travel expenses related to business trips; for renting a dwelling; related to living outside the place of permanent residence (for example, daily allowance); other expenses incurred by employees with the permission or knowledge of the employer.
The amount and procedure for reimbursement of expenses related to business trips of these employees, as well as the list of works, professions, positions of these employees are established by the collective agreement, agreements, local regulations. Conditions for reimbursement of expenses may also be included in the employment contract. This is advisable if the organization has not adopted a collective agreement or an appropriate local regulatory act. Work in these conditions adversely affects the health of the employee (physical and mental), his social life(personal, family, public). To compensate the worker for the negative impact on health and disruption of social life, wage systems in enterprises may provide for the payment of appropriate allowances.
The employment contract must necessarily describe the working conditions at the workplace, the list of existing harmful (dangerous) factors determined by the results of the certification, and the list of benefits provided in connection with this, for example, the appointment of milk.

4) On wages (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). Despite the fact that this condition is mandatory, in real employment contracts they often indicate: “with a salary according to the staffing table”, “in accordance with labor legislation”, etc. Sometimes there are no indications of wages at all. Often, only the official salary or the size of the tariff rate is determined in employment contracts. Quite often, reference is made to local regulations of employers. All this is a violation of labor laws.
The condition on the amount of wages and its elements should not be formulated in an employment contract by reference to regulatory legal acts, a collective agreement or a local regulatory act.
Remuneration also refers to relations connected with the implementation by the employer of payments to employees for their work, i.e. the employment contract must also specify the terms and conditions for the payment of wages.

5) On the mode of working time and rest time (if for a given employee it differs from the general rules in force for a given employer).
In accordance with Article 91 of the Labor Code of the Russian Federation, working time is the time during which an employee, in accordance with the internal labor regulations of the enterprise and the terms of the employment contract, must perform labor duties. Normal working hours may not exceed 40 hours per week, but for certain categories of workers (minors, disabled people, medical workers) a privileged regime is established.
A special mode of working time in practice can be expressed, for example, in a part-time working day (shift), different from other workers, the start and end time of work, the alternation of workers and non-working days, irregular working hours. The employment contract must clearly specify the specific working hours of the employee.
The general mode of working hours of the employer can be changed when concluding a collective agreement by agreement of the parties social partnership. When establishing a working time regime, the guarantees provided for employees (for example, reducing the duration of work at night and on the eve of non-working holidays) must be respected. Article 107 of the Labor Code of the Russian Federation establishes types of rest time, including breaks during the working day (shift); weekend; non-working holidays; holidays.

6) On the conditions of compulsory social insurance of an employee in accordance with labor legislation. In some cases, the mandatory condition of social insurance will be determined depending on the nature of the work performed. For example, an employee must be insured against accidents. The types and conditions of social insurance are established by federal legislation on compulsory social insurance. If the employer provides additional insurance to the employee (for example, pension or medical), then this must be specified in the employment contract.

7) About the start date of work. and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract. As a general rule, the start of work under an employment contract is determined by a calendar date or a specific day, that is, a specified specific date, month and year. Often, employment contracts indicate a period of time after which, after the entry into force of the employment contract, the employee is obliged to start work.
The date of commencement of work is the date of the actual commencement of work by the person with whom the employment contract is concluded, and not the date of conclusion (or registration) of the employment contract itself. When concluding an agreement upon the fact of the employee's going to work, the text of the agreement must contain exactly the date from which the employee actually began work, and not the date when the agreement was drawn up in writing. If the employment contract does not specify the day of commencement of work, the employee must start work on the next working day after the entry into force of the contract. The contract comes into force from the day it is signed by the employee and the employer, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative.

8) The list of mandatory terms of the employment contract is not exhaustive. So, according to part 4 of article 282 of the Labor Code of the Russian Federation, a prerequisite for an employment contract concluded with a part-time job is an indication that the work is part-time. When concluding an employment contract for the performance of seasonal work, by virtue of Article 294 of the Labor Code of the Russian Federation, a condition on the seasonal nature of the work must be included in it.

It should be borne in mind that if, when concluding an employment contract, any information or conditions provided for by labor legislation were not included in it, this cannot be a basis for recognizing the employment contract as not concluded or terminating it. In this case, the employment contract must be supplemented with missing information or conditions. The missing information is included in the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties in writing.
The parties to the employment contract may establish additional conditions. Such conditions may include, for example, conditions on the establishment of a probationary period when hiring, on additional holidays in excess of those stipulated by law and the collective agreement, etc. If the parties include additional conditions in the content of a particular agreement, then they automatically become mandatory for their implementation.
The employment contract may contain conditions for non-disclosure by the employee of information constituting an official or commercial secret. become known to the employee in connection with the performance of his duties. A specific employment contract must clearly indicate what information containing official or commercial secrets is entrusted to this employee.