Employment contract sample. Modification, continuation and termination of the contract. Documents that an employer may require when drawing up an employment contract

Since 2017, employers belonging to micro-enterprises can draw up a contract of employment. The 2017 sample was approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858. The conclusion of employment contracts in this form will be mandatory if the organization decides to completely or partially refuse to adopt local regulations containing labor law norms. For other employers, the rules have not changed; we will consider employment under a contract in this article.

When hiring an employee, the main document regulating the relationship between the employee and the employer is the employment contract. The document is a legally certified agreement in writing, according to which the employee must conscientiously, timely and accurately perform their work duties in accordance with this agreement in full and on time, and the employer must provide the activities stipulated by this agreement, ensure safe conditions labor, allowing to perform the duties assigned to the employee in accordance with this contract.

From a legal point of view, the document is the main one when applying for a job, since it is in it that the conditions of employment are clearly stipulated.

Types of employment contracts

By the nature of labor relations, the following classifications can be distinguished:

• According to the main place of work;
• Concurrently;
• Temporary job;
• Seasonal work;
• work at home;
• Public service contract.

In terms of validity, an employment contract can be concluded both for an indefinite period, and with a limitation on the term for fulfilling labor relations, or for a temporary period to replace an absent employee. Such contracts are called fixed-term contracts.

Employment under a contract

In accordance with Art. 67 of the Labor Code of the Russian Federation, the employment contract is concluded in two copies in writing for each of the parties and is signed by the employee and the employer.

Details of the procedure for creating an employment contract are described in Article 57 of the Labor Code of the Russian Federation “Content of an employment contract”.

When drawing up a contract, it specifies:

• name of the employer and last name, first name, patronymic of the employee;
• passport details of the employee;
• details of the employer;
• date and place of conclusion of the employment contract.

Items that must be included in the employment contract:

• place of work indicating structural unit organizations;
• date of entry to work;
• indication of the position in accordance with the current staffing;
• characteristics and working conditions at the workplace;
• duties and rights of the employee;
• obligations and rights of the organization that concluded the contract;
• compensation and benefits to employees for working in difficult, harmful and (or) dangerous conditions;
• mode of work and rest;
• terms of remuneration;
• conditions on compulsory social insurance of the employee.

But with an employee, you can conclude not only an employment contract, but also a civil law contract according to the norms Civil Code RF. It is important to understand that such an employment contract can only be concluded on the condition that the work will be performed one-time in a certain period of time with time limits, for example, repairs in the office.

An employment contract with an employee serves as the main legal document reflecting the service relationship between the employer and the employee. It is signed by both parties, it contains all the conditions relating to the nature and terms of the employment relationship, the rights and obligations of the parties.

The Constitution of the Russian Federation guarantees every citizen the right to choose a profession and field of activity (Article 37). The employer is obliged to provide conditions that meet hygiene and safety standards. The employee has the right without delay and in full to receive payment for his work.

Important! An employment contract comprehensively protects the interests of the parties, it becomes a guarantee of compliance with the legality of the legal relationship "employer-employee".

It installs:

• the nature of the emergence, development, termination of labor relations;
• duration of the employment relationship;
• rights and obligations of each of the parties;
• the obligation of the employer to ensure working conditions that comply with the provisions of labor legislation, to pay in a timely manner wages.
• the duty of a hired citizen to conscientiously fulfill his duties, observe discipline and the internal regulations of the enterprise.

Attention! The employment agreement is drawn up on the basis of the Labor Code, all clauses must comply with the articles of the latter. This is necessary in order to interpret the situation on the basis of the Labor Code in conflict and contentious situations.

After the conclusion of an employment contract, the parties are obliged to comply with the terms of the agreement, according to which they have rights and obligations.

Types of contracts

The agreement is most often signed for an indefinite period of time: this is a regular employment contract, which is most preferable, as it best protects the interests of the employee.

It is concluded with a full guarantee of all the rights of a citizen, according to Labor Code.

In some cases, a time frame for labor relations is established, it depends on the conditions prescribed in Part 1 of Art. 59 of the Labor Code of the Russian Federation. At the same time, a fixed-term contract is signed for a period of less than 5 years (fixed-term or contract).

Such a document does not fully guarantee the legal protection of employees. The employee does not have the right to terminate such an agreement on his own initiative, this is allowed only in case of illness, disability or for some other reason.

In addition, the employer reserves the possibility of extending the contract after its completion, that is, the employment relationship can be resumed only at his request.

Unscrupulous employers sometimes use this factor to put pressure on an employee.

Important! Therefore, the law establishes that a fixed-term contract can only be concluded if it is not possible to sign an indefinite one, depending on the nature of the work, working conditions or the interests of the employee.

If, after its completion, a person continues to work at the same place, the fixed-term contract turns into an open-ended contract, that is, it is extended for an indefinite period.

Term contracts can be:

1. Precisely agreed on the term (for example, for an elected position for a certain period).
2. For a relatively precise period (if the organization is organized to perform certain functions).
3. Urgent (for example, to temporarily replace an absent employee).

By the nature of the relationship:

• concluded at the main place of work (TD-1);
• to combine positions (it is allowed in free time from the main job at the same enterprise, or at another.);
• short-term;
• for seasonal work
• home work.

The following employers may enter into agreements:

• legal entities and individual entrepreneurs;
• individuals without registration as an individual entrepreneur.

Classification of agreements on working conditions:

• normal (standard) conditions;
• shift work, with night shifts;
• work in hazardous production;
• work in the Far North or in areas equivalent to it.

By scope of work:

• at the main place of work: full-time work at a full rate with the storage of a work book at this enterprise;
• part-time: in free time from the main activity.

Forms of employment contracts

There are established formats labor contract. It should be issued in writing, in two copies: one for each side. Each of them must be signed by the employer and employee.

The employer keeps the document in the employee's personal file, the employee signs the completed sample, which remains with the employer, as proof that he was given the second copy of the agreement.

If a citizen has not reached the age of 14, then the document is signed by his legal representative. Only reliable information about the parties or their representatives should be entered in the text.

Attention! Sometimes it is possible to start work without signing a written document, by verbal agreement. The contract is still considered concluded, but it is required to issue it on paper within three days.

If the employer is an individual who is not registered as an individual entrepreneur, then when concluding an agreement, he is obliged to notify the local authorities about this (Article 303 of the Labor Code). But the law does not provide for any sanctions for violation of this rule.

Download the employment contract form

Forms of employment agreements can be downloaded from our website. For example, an employment contract with an employee, sample 2018, can be downloaded for free below.

The samples that are given here are considered typical, that is, they meet all the basic standard requirements for the preparation of this document.

There are no uniform forms provided by law, so the employer can choose any form that suits him best.

Standard contract:

Download in Word format.

Sample Fill fixed-term contract:

Download in Word format.

Sample employment contract with an employee without a probationary period:

Download in Word format.

IP agreement:

Download in Word format.

Supplementary agreement:

Download in Word format.

What should an employee contract contain?

The Labor Code of the Russian Federation does not establish uniform forms for compiling such documents. A single form is established only for micro-enterprises, that is, small businesses.

The top of the document consists of the following information:

1. Full name of the citizen entering the work.
2. Name and details of the employer, including TIN.
3. Place and date of the document.

Condition Information professional activity:

• Profession, position, qualification (according to the staffing table) and workplace.
• The moment of commencement of work and the duration of the contract.
• Mode of work and rest. Usually, an employee is given the opportunity to work according to a schedule common to the entire enterprise. But individual cases provide for individual, flexible or shift work, part-time, division of the working day into several parts.

An important condition when concluding an employment contract is the duration of the working week: no more than 40 hours for adults, 36 hours or less for employees 16-18 years old, no more than 24 hours for adolescents from 14 to 16 years old.

• Terms of payment, wages: tariff rate or salary, additional payments, incentives, benefits, compensation for special or harmful conditions.
• Rights and obligations of the employee and the employer.
• Warranty.
• nature and working conditions.

Important! In the absence of one of these clauses in the text of the concluded contract, the employer may be imposed an administrative penalty in the form of a fine. The labor inspectorate checks the conformity of the text of the document.

If there is a need to make changes or additions, an additional agreement must be drawn up.

Additional terms

Additional terms employment contracts must comply with the law, although they may have a different nature and purpose, depending on the situation.

Under the terms of the Labor Code, the document may contain additional conditions:

• Clarifications about the upcoming place of work: for example, an indication of a separate structural unit and its actual address.
• Trial period and its conditions. Often it is required to check the qualifications and knowledge of the employee when applying for a job.

The term should not exceed three months, for management - 6 months, excluding illness or absence for good reasons.

• Delivery to work. This item is of great importance when the workplace is significantly removed (for example, for road workers), when the working day starts too early and ends too late (drivers, conductors).
• Clause on non-disclosure of classified information of an official or commercial nature or state secrets.
• A clause on the need to work for a certain period of time for this enterprise when training an employee at the expense of the employer.
• Conditions of social or health insurance of a mandatory or additional nature.
• The possibility of providing housing. An apartment can be temporary or permanent, provided in the future or right now, capital housing, a separate or shared apartment, a home loan, full or partial payment for rented housing.

In any case, the parties may introduce an item on the improvement of social and living conditions for the person being hired, his family.

• Additional features on non-state pension provision.

In some cases, the labor legislation of Russia and some other legislative acts allow the inclusion of a clause stating that it is possible to conclude an agreement with this employee by other organizations and persons that are not employers under this agreement.

Notification of the conclusion of an employment contract

Many employers have to hire foreign nationals. The procedure for hiring such a person should be accompanied by certain actions, among which is the notification of certain state bodies.

Important! A foreign citizen has the same rights and obligations when applying for a job as a citizen of the Russian Federation. This is guaranteed to him by the legislation of our country.

The conclusion of an employment contract for foreigners has a permissive character. That is, for its conclusion it is required to obtain permits for the attraction and use of foreign labor by employers, a visiting citizen should obtain a work permit.

The rules and procedure for drawing up an agreement are the same as when hiring a citizen of the Russian Federation. Recommendation No. 86 of the International Labor Organization “On Migrant Workers” (it is advisory) and the Agreement of the CIS countries dated April 15, 1994 (mandatory) should be followed.

If the hired employee has problems with the Russian language, the document is translated into a language that he understands, although it must be drawn up in Russian.

Additional conditions when concluding an agreement with a foreign citizen are as important as rights and obligations, all these items are prescribed in accordance with Russian law. The contract must contain all the mandatory clauses required by Article 57 of the Labor Code of the Russian Federation.

It is possible to sign a fixed-term employment contract with a foreign citizen for 1 year. In the absence of grounds for a fixed-term contract, it is possible to conclude an open-ended one.

When signing the agreement, the employer sends notices to the following organizations:

1. Federal Tax Service of the Russian Federation (notification period 10 days).
2. Employment Center (3 days).
3. Federal Migration Service (7 days).

The same notifications must be sent upon termination of the agreement and dismissal of the foreign worker. The same terms for notifying state bodies remain, only the term for notifying the migration service changes - it is 3 days upon dismissal. Notifications must also be sent when the leave is granted.

Attention! If such notification is not sent, the employer will be fined up to 1 million rubles.

The term of the contract is of great importance. The term of the work permit must not be allowed to expire before the term of the employment contract expires. It also threatens with fines for the employer.

To bring the deadlines into line, you need to use Art. 59 TK. Termination of the agreement also has its own special conditions, which must be taken into account.

The procedure for signing an employment contract and its entry into force

The contract can only be concluded with a citizen who has reached the age of 16 years. Sometimes it is allowed to sign it with students 15 years old, sometimes even 14 years old. On the basis of such a document, an order for employment is issued. Its content must correspond to the text of the agreement.

The order is issued within three days after the start of actual work. At the same time, the employee must be familiarized with the conditions of the internal regulations.

The contract is considered concluded after its signing, immediately after both parties have come to an agreement on all points.

From this moment it comes into force (Article 61 of the Labor Code), unless the provisions of the employment contract and laws provide otherwise. This may be reflected in the agreement itself or, if it is not in writing, in the order of employment.

Sometimes the contract comes into force at the moment the employee actually appears at the workplace. The employee is obliged to start fulfilling his labor duties from the date fixed in the document.

If the term is not specifically stipulated, then it is required to begin their duties on the next day after the document enters into force.

Is it possible to cancel the concluded contract

The possibility to cancel the agreement is provided for in Part 4 of Art. 61 TK. If the employee does not go to his workplace within the prescribed period, the employer has the right to cancel the agreement.

The canceled contract is considered not concluded, that is, it loses its legal force, the parties do not have rights and obligations in relation to each other.

Important! True, in the event of an insured event (illness, injury or other cases determined by law) in the period from the date of conclusion to its cancellation, the citizen is guaranteed all the payments required under this agreement or under compulsory social insurance.

By the way, the employer has the right, at its discretion, to cancel or keep the signed agreement in force.

When canceling a document, an appropriate act is drawn up. Loses its power and order, if it has already been issued. An employee may also refuse to work before going to his workplace.

Finally

The employment contract is crucial in modern labor rights about relations. Therefore, its content, the order of filling, the rules for observing its points should be treated with great attention.

Mandatory and additional clauses can be written in different ways, but the main condition is that they should not create conditions for the employee worse than those defined by the Labor Code of the Russian Federation.

If any clauses or conditions are not included in the text of the agreement, this is not evidence that the employer or hired employee refuses to fulfill their rights or obligations.

As a rule, hiring an employee is accompanied by the conclusion of an employment contract. All relations related to the conclusion, amendment and termination of the employment contract are regulated.

Features of compiling a document

An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide work, ensure working conditions and pay for it in a timely manner, and the employee undertakes to perform the work for which he was hired, observing the rules of the schedule established by the employer -.

The employment contract must contain the following information:

1. Full name of the employee and employer, if the employer is entity, name of company.
2. Passport data of the employee - number and date of issue.
3. TIN of the organization.
4. The data of the person who signed the contract on behalf of the company, and the documents on the basis of which he was granted the right to sign this document.
5. Date and place of conclusion of the contract.
6. The place of work is indicated without fail if employment is carried out at a branch located in another locality.
7. The start date of work is indicated only in the case of a fixed-term employment contract.
8. Remuneration, namely salary according to the tariff scale, allowances, bonuses and other incentive payments.
9. The mode of work and rest is indicated without fail, only if it differs from the general rules of the enterprise for which the employee is employed.
10. If the working conditions at the enterprise are dangerous or harmful to the health of the employee, then the contract should describe his guarantees and compensations provided for work in hazardous or hazardous production.
11. Conditions due to the nature of the work performed - traveling, mobile, etc.
12. Working conditions.
13. Conditions for concluding an agreement on compulsory social insurance of an employee.

This information is mandatory, but its absence cannot be grounds for terminating the employment contract. The missing information is entered into the contract itself, and the missing conditions are included in the appendix to the contract -.

Contract form

The employment contract must be concluded in writing and signed in two copies, one of which remains with the employee, and the second is kept by the employer. The issuance of a copy of the contract is certified by the signature of the employee on the copy of the employer's contract.

Important! If the employment contract was not executed in writing, but the employee began to perform his duties with the knowledge and permission of the employer, then such an agreement is considered concluded -.

Probation

A probationary period for employment can be established only by agreement of the parties. If the contract does not contain conditions for a probationary period, then the employee is considered hired without a test -.

If an employee was hired without an employment contract, then the condition for his testing can be established by a separate agreement concluded before the start of work.

During the probationary period, the employee has all the rights provided for by law, regulations, agreements and contracts containing labor law norms.

A probationary period cannot be assigned:

1. Minors.
2. Pregnant women, as well as women with a child under the age of one and a half years.
3. Persons who have passed the competition for the corresponding position.
4. Persons who received higher education on government programs and first-time job seekers - within 1 year after receiving their diploma.
5. Employees who have received a translation job that has been agreed with the management of the organization.
6. Elected employees.
7. Employees who have signed a contract for a period of not more than 2 months.

A trial period for ordinary employees cannot be appointed for more than 3 months. For managers, chief accountants and their deputies, as well as heads of branches and representative offices, the maximum probation is 6 months.

If the term of the employment contract does not exceed six months, then the probationary period cannot exceed 2 weeks. The probationary period does not include the period the employee is on sick leave, as well as the period of his absence from work.

Documents required for the conclusion of the contract

When applying for a job, the employer has the right to require the following documents:

• Passport, or a document replacing it.
• Labor book.
• Insurance certificate.
• If a person is liable for military service, then a document of military registration.
• Document on education and qualifications.
• Certificate of conviction.
• Additional documents due to the specifics of the work.

Important! The law prohibits, when hiring, to require additional documents that are not provided for by the Labor Code of the Russian Federation, Federal Laws, as well as Presidential Decrees and Government Resolutions.

If a person first gets a job, then work book prepared by the employer. If the book was lost, then the employer is obliged to replace it at the written request of the employee.

The contract is considered concluded from the date of its signing. The employee is obliged to transgress to the implementation of his duties from the date specified in the contract. If the date was not determined by the contract, then the next day after the signing of the contract.

If the employee does not start his duties on the day established by the contract, the employer has the right to cancel the contract. The canceled contract is considered invalid -.

Completed sample document

Employment contract No. ________

_____________ "____" ______________ 201__

Firma LLC, represented by the director ____________________________, acting on the basis of the Charter, hereinafter referred to as the "Employer", on the one hand, and citizens _____________________________________________________________________________, hereinafter referred to as _____ "Employee", on the other hand, have concluded this agreement as follows:

1. General Provisions.

1.1. The employee is hired by Firma LLC at the address: ___________________________________________ for the position _________________________________________________________________.

1.2. The employee is obliged to start work from "____" _______________ 201___.

1.3. The employee is placed on probation for a period of _____ months.

The probationary period does not include a period of temporary disability and other periods when the Employee, with the permission of the Employer, was absent from work for good reasons, as well as absence from work without a good reason (absenteeism).

The Employee who passed the test continues to work without any additional registration.

If the result of the test is unsatisfactory, the Employee is released (dismissed) from work on the basis of the order of the Employer.

1.4. During the probationary period, the Labor Code of the Russian Federation fully applies to the Employee.

1.5. This agreement is concluded for an indefinite period.

1.6. Work at the Employer is the main place of work of the Employee.

2. Obligations of the parties

2.1. The employee undertakes:

2.1.1. Carry out the duties specified in the job description.

2.1.2. Comply with labor, production and financial discipline and conscientiously treat the performance of their official duties specified in clause 2.1.1 of this employment contract.

2.1.3. Obey the rules of the internal labor regulations, including observing the daily routine established in the institution.

2.1.4. Carefully treats the property of the Employer, including the equipment and office equipment in his use, ensure the safety of the documentation entrusted to him.

2.1.5. Do not disclose during the period of work with the Employer, as well as in the next year after the dismissal, data that is a trade secret of the Employer and confidential information obtained in the course of their work.

2.1.6. Carry out in a quality and timely manner the instructions, assignments and instructions of the director of the institution, given by him in accordance with his competence.

2.1.7. Comply with the requirements for labor protection, safety precautions and industrial sanitation.

2.1.8. Contribute to the creation of a favorable industrial and moral climate, the development of corporate relations in the labor collective of the Employer.

2.1.9. If you change the information entered in the card (family composition, passport data, address of residence and registration, contact phone number, etc.), inform the Employer within 2 days.

2.2. The employee has the right:

2.2.1. Meet with normative documents Employer, regulating the activities of the Employee.

2.2.2. For the provision of work stipulated by this contract.

2.2.3. To a workplace that meets the conditions of the state standard and labor safety.

2.2.4. For annual paid holidays (basic and additional) in accordance with the Labor Code of the Russian Federation and the vacation schedule.

2.2.5. On timely and full payment of wages in accordance with their position, qualifications, conditions, complexity of work and quality of work performed.

2.3. The employer undertakes:

2.3.1. Comply with the terms of this employment contract, the requirements and laws governing the work of employees.

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

2.3.3. Pay wages stipulated by this employment contract and other payments due to the Employee on time.

2.3.4. Provide guarantees and compensations established by the current legislation of the Russian Federation and the Republic of Kazakhstan.

2.3.5. In accordance with the established procedure, make entries in the Employee's work book, store it and issue it to the Employee on the day of dismissal.

2.3.6. Ensure the protection of the Employee's personal data contained in their personal files and other documents from their misuse or loss.

2.4. The employer has the right:

2.4.1. Require conscientious performance from the Employee job duties compliance with internal labor regulations.

2.4.2. Reward him for conscientious and efficient work.

2.4.3. In the event of a production need to recall the Employee from the next vacation with subsequent compensation unused days holidays.

2.4.4. Involve the Employee in disciplinary or liability in cases of improper performance of duties and causing material damage to the Employer in accordance with federal laws, laws of the Republic of Kazakhstan and internal labor regulations.

2.4.5. If necessary, conduct vocational training, retraining, advanced training in educational institutions professional higher and additional education at the expense of the employer.

3. Pay

3.1. The employee is set, in accordance with the staffing table, official salary according to the ________ category of remuneration of the unified tariff scale (UTS) for the remuneration of employees of municipal institutions.

3.2. The employee is paid a bonus in the amount of:

• percentage bonus for work in the regions of the Far North and equivalent areas ______%.
• regional coefficient to wages _____%.

3.3. Monthly bonus in the amount of ______% of the official salary.

3.4. The payment of bonuses, allowances, additional payments and the provision of material assistance is carried out within the wage fund approved for the current year.

3.6. The procedure and conditions for bonuses are established by the “Regulations on material incentives for employees of the institution.

4. Mode of work and rest. Grant of vacation

4.1. The employee is set the duration of the working 36 hour week - 5 days with two days off (Saturday and Sunday).

4.2. The time of the beginning and end of the working day, breaks for rest are determined by the rules of the internal labor schedule.

4.3. Engagement of the Employee to work on a weekend and non-working holiday is carried out with the written consent of the Employee on the written order of the Employer with the agreement of another day of rest.

4.4. The employee is annually granted regular leave with pay for 28 calendar days.

Leave for the first year of work is granted after six months of continuous employment with the Employer. In cases provided for by the Internal Labor Regulations, at the request of the Employee, leave may be granted before the expiration of six months of continuous work with the Employer.

Leave for the second and subsequent years of work is provided in accordance with the order of granting holidays, according to the vacation schedule approved by the Employer, drawn up taking into account the wishes of employees about the time of the proposed vacation.

4.5. Replacement of the next vacation monetary compensation is not allowed, except in cases of dismissal of the Employee who did not use the granted leave.

4.6. The employee is provided additional leave for work in areas equated to areas of the Far North in the amount of 16 calendar days.

At the request of the employee, additional leave may be replaced by monetary compensation.

4.7. Part of the annual paid leave, exceeding 28 calendar days, not used in the current year, may be replaced by monetary compensation at the written request of the employee in the year following the current year.

4.8. For family reasons and other valid reasons, the Employee, at his request, may be granted short-term leave without pay.

5. Liability of the parties

5.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this agreement, violation of labor legislation, Internal Labor Regulations, as well as causing material damage to the institution, he shall bear disciplinary, material and other liability in accordance with the current legislation.

6. Grounds for termination of the employment contract

6.1. Termination of this employment contract occurs in accordance with the current labor legislation, as well as in case of violation by the parties of their obligations.

6.2. The contract may be terminated:

• by agreement of the parties;
• at the initiative of the Employee, on the grounds provided for (by a written warning to the Employer two weeks before termination);
• at the initiative of the Employer, in the following cases:
• liquidation of the enterprise;
• reduction in the number or staff of employees of the enterprise;
• non-compliance of the Employee with the position held or the work performed as a result of:
• state of health in accordance with the medical report;
• insufficient qualification
• repeated non-performance by the Employee without valid reasons of labor duties, if he has disciplinary action;
• single gross violation An employee of labor duties;
• disclosures by the Employee trade secret which became known to him in connection with the performance of his labor duties;
• commission of guilty actions by the Employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the Employer;
• submission by the Employee to the Employer of false documents or deliberately false information when concluding an employment contract;
• on other grounds provided for;
• in the event of a change in essential working conditions and (or) violation by the Employer of his obligations under this Agreement;
• in other cases provided for by law Russian Federation.

7. Special conditions

7.1. The Employee does not have the right to perform other paid work under an employment contract with another Employer during working hours.

7.2. All materials created with the participation of the Employee on the instructions of the Employer are the property of the Employer and cannot be transferred to other persons without his consent.

7.3. The terms of this Agreement can be changed only by agreement of the parties and must be made in writing.

7.4. The agreement comes into force from the moment of its signing by the parties.

7.5. The contract is made in two copies. The first is kept by the Employer, the second is kept by the Employee. Both copies, signed by both parties and certified by the seal of the Employer, have equal legal force.

7.6. The parties undertake not to disclose the terms of the contract and not to transfer it to third parties, classifying this as disclosure of official secrets.

Labor contract

___________ "__" ______20__

__ / full company name of the organization or full name employer - individual/__, hereinafter referred to as the "Employer", represented by ___ / position and full name the head of the organization / ___, acting on the basis of the charter, on the one hand, and __ / full name / __, hereinafter referred to as the "Employee", on the other hand, have concluded this agreement as follows.

1. The Subject of the Agreement

1.1. The employee is hired as ___ / position, specialty, profession, qualification in accordance with the organization's staffing table or a specific job function / __.
1.2. The place of work of the Employee is ___ / name of organization, structural unit / ___.
1.3. This employment contract is:
Option 1. contract for the main work.
Option 2. part-time contract.
1.4. The employee reports directly to ___ / full name, position / __
1.5. The rights and obligations of the parties are governed by this employment contract, collective agreements (agreements), internal labor regulations and labor legislation of the Russian Federation.

2. Duration of the contract

Option 1. 2.1. This employment contract is concluded for an indefinite period and comes into force from the date of signing by the parties.
Option 2. 2.1. This employment contract is concluded for a period of __ / a specified period of not more than 5 years / __ is indicated.
2.2. The employee is placed on probation for ___ months.

3. Rights and obligations of the parties

3.1. The employee undertakes:
. conscientiously fulfill the labor duties assigned to him, provided for job description and this employment contract;
. comply with the requirements of labor protection rules, internal regulations, safety standards and sanitary and hygienic norms and rules;
. use the office equipment, equipment and materials transferred to him for work correctly and for the intended purpose;
. comply with the requirements of labor discipline, access control and intra-object mode;
. to ensure the safety of the documentation entrusted to him, not to disclose information that has become known to him by the nature of his activity, related to official, commercial and state secrets;
. immediately notify 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 property of the Employer.
3.2. The employee has the right to:
. providing him with work stipulated by this employment contract;
. change and termination of this employment contract;
. workplace that meets the requirements state standards organization and labor safety and collective agreement;
. timely and in full payment of wages;
. annual paid vacation;
. protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law.
In the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount, except in cases where the labor legislation of the Russian Federation does not allow the suspension of work.
3.3. The employer is obliged:
. observe the legislation of the Russian Federation on labor and labor protection rules;
. provide the employee with work in accordance with the terms of this employment contract;
. ensure the protection of the employee's personal data;
. familiarize the employee and his representative against receipt with the documents of the organization establishing the procedure for processing personal data of employees, as well as their rights and obligations in this area;
. provide the Employee with working conditions in accordance with the legislation of the Russian Federation on labor, including providing the Employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;
. provide the Employee with special clothing, footwear and other means personal protection;
. carry out compulsory social insurance of the Employee in the manner established by law Russian Federation.
If the employer violates the established deadline for paying wages, vacation pay, dismissal payments and other payments due to the employee, the employer pays them with the payment of ______ percent of the amounts outstanding on time for each day of delay, starting from the next day after the established payment deadline until the day of actual settlement inclusive.
3.4. The employer has the right to:
. change and termination of this employment contract in the manner and on the terms established by the legislation of the Russian Federation on labor;
. demand from the Employee the performance of labor duties and respect for the property of the Employer and other employees, compliance with the internal labor regulations of the organization;
. bring the Employee to disciplinary and financial liability, in the manner and on the terms established by the labor legislation of the Russian Federation;

4. Work time and rest time

4.1. The employee is set an eight-hour working day from ____ to ___ hours.
4.2. An employee may be involved in overtime work in accordance with the procedure established by the labor legislation of the Russian Federation.
4.3. The employee is given a five-day work week with two days off: Saturday, Sunday.
4.4. Work on weekends and non-working holidays is carried out in compliance with the requirements of the legislation of the Russian Federation on labor.
4.5. A break for rest and meals is provided in accordance with the Internal Labor Regulations.
4.6. The employee is provided with an annual basic paid leave of ____ calendar days (at least 28 calendar days) in accordance with the vacation schedule.
4.7. An employee, upon his written application, may be granted leave without pay.

5. Pay

5.1. The Employer undertakes to pay the Employee an official salary ( tariff rate) in the amount of _________ rubles per month. Payment of wages is made 2 times a month: _____ and _____ of each month.
5.2. The employee has the right, based on the results of his activities, to receive various allowances, additional payments, bonuses, and other remuneration in accordance with the remuneration system and the Regulations on bonuses in force in the organization.
5.3. Benefits and allowances are accrued to the Employee in accordance with the current labor legislation of the Russian Federation.

6. Change and termination of the employment contract

6.1. The terms of this employment contract can be changed only by agreement of the parties and in writing.
6.2. This employment contract may be terminated on the grounds and in compliance with the requirements provided for by the labor legislation of the Russian Federation.

7. Final provisions

7.1. In the event of a dispute between the parties to this employment contract, it is subject to settlement through negotiations between the Employee and the Employer. If no agreement is reached, the dispute shall be resolved in the manner prescribed by the legislation of the Russian Federation.
7.2. This contract is made in two copies, having equal legal force: one copy is kept in the Organization in accordance with the established procedure, the other is handed over to the Employee.

8. Addresses and signatures of the parties:

Employee:
____________/FULL NAME./_______________
passport of a citizen of the Russian Federation: 00 00 000000, issued on _________________________ ____________________________ 00.00.0000, subdivision code: 000-000,
registration address: ____________, st. ________________, d.__, apt.____.

Employee's signature _______________

Employer:
____/abbreviated trade name/______
The address: ______________________________________________
TIN _________KPP _________, account ______________________
BIK _____________, c/s ________________________________
/Position of the head/
__/FULL NAME. manager/___

Employer's signature_________________

The topic of an employment contract has always been very relevant, since more than 70% of the citizens of our country, aged 20 to 47, work continuously. And almost all of them think that they know everything about all sorts of intricacies of labor relations, but, in fact, not everything is so simple at first glance. More recently, the Government of the country has made changes to the legislation, in particular the Labor Code, as a result of which employees have become more protected against unscrupulous employers.

You can also download the employment contract in doc, txt, pdf formats at the end of this page

According to the Labor Code of Russia, an employment contract is an agreement between two parties - an employer and an employee, according to which the first undertakes to provide normal working conditions and pay wages, and the second, in turn, undertakes to perform the work entrusted to him. In other words, employment contracts are, in fact, agreements between employees and employers, according to which, both parties have mutual obligations and rights. An employment contract provides an employee with social guarantees, and from this point of view, is more beneficial than a civil law one, and guarantees the employer the high-quality performance of the necessary work area.

According to the latest changes in Russian legislation, the form of an employment contract must have the following details:

• name, patronymic and surname of the employee;
• data on the employer who concluded the employment contract;
• job title and job responsibilities
• employer's obligations
• TIN of the employer;
• working conditions
• documents proving the identity of the employer and employee;
• date and place of drawing up the contract, signatures of the parties

The general obligations of the parties under the contract are given in Article 56 of the Labor Code of the Russian Federation, and the mandatory list of data required to be reflected in the employment contract is in Article 57 of the Labor Code of the Russian Federation. A sample employment contract between both parties is concluded exclusively in writing in two identical copies, one for each party, this is required by Article 67 of the Labor Code of the Russian Federation.

The contract comes into force only after it is signed by both parties or from the day when the employee actually begins to perform his duties. The form of employment contract forms is not unified, and can be developed by each company separately, according to the specifics of its activities. All changes to the terms of the contract are made by mutual agreement of both parties in writing, in the form of an addendum to the contract.

An employment contract, a sample of which can be downloaded at the bottom of this page or on the main website of the Ministry of Labor and Social Development of the Russian Federation.

Employment contracts can be concluded for:

• indefinite period of time;
• a period of not more than 5 years or in other words "fixed-term employment contract"

According to the legislation of the Russian Federation, the contract is concluded only with persons who have reached the age of sixteen. Exceptions are theater, cinema, theater and concert organizations, which allow the conclusion of an agreement with persons under the age of fourteen.

An employment contract may be terminated in such cases: mutual agreement between the parties or failure by one of them to fulfill the terms of the contract. The concept of "termination of an employment contract" by itself means its termination at the request of one of the parties. An employer cannot dismiss an employee when he is on vacation or temporarily unable to work, with the exception of a few cases provided for by labor legislation. The main points on which the termination and termination of contracts is carried out are provided for in Chapter 13 of the Labor Code of the Russian Federation.