An employment contract with an employee is a special agreement. This document reflects the nature of the relationship between the employee and the enterprise.

It is the employment contract with the employee that legally formalizes the obligations and rights of the participants in the process.

General information

Based on the Labor Code of the Russian Federation, enterprises and employees have ample opportunities to draw up various kinds of agreements using one or another sample of an employment contract with an employee. At the same time, various conditions may be reflected in the papers.

The most common form of employment contract with an employee

Most often, as legal practice shows, agreements are concluded with a specialist. This employee means an employee who has certain knowledge that allows him to perform one or another activity in the enterprise. It should be said that the Labor Code of the Russian Federation does not provide for any features for regulating the work of a specialist.

However, in practice, such agreements have their own characteristics. In this regard, they are allocated to a separate group along with contracts signed with managers, employees, top managers. This category is allocated to a separate group in the qualification (single) directory of positions.

Classification is made in accordance with the nature of the work performed predominantly. They are the content of the work of the employee. So, for example, organizational administrative functions are typical for the position of a manager. Specialists perform analytical and constructive activities. The duties of employees include information and technical tasks.

Design features

The labor functions of workers determine the features of the agreements concluded with them. The position for which the employee is accepted has qualifications (categories). Their indication in the agreement is mandatory. A particular model of an employment contract with an employee includes sections or appendices that indicate what skills and knowledge the future employee should have.

Basic information

The conclusion of an employment contract with an employee involves the indication of certain information about the future employee and details of the enterprise. In particular, the surnames, first names, patronymics and addresses of the employer and the employee are entered. You must also indicate the date of admission of the employee. If a fixed-term employment contract is concluded with an employee, then the period for which the specialist is hired is indicated.

Probation

The maximum period for an employee can be three months (if he was not selected as a result of the competition). An exception is considered to be persons who graduated from institutions of higher, primary and secondary vocational education, received state accreditation and enter the service in their specialty for the first time within a year from the date of completion of training.

At the same time, for a number of categories, for example, chief accountants or their deputies, a trial period of six months may be established. The legislation also defines some groups of citizens who are hired for special conditions. In particular, pregnant women, minors and some other categories of workers do not go through a probationary period.

Wage

Any sample employment contract with an employee provides for a section that indicates the amount of payment for his activities at the enterprise. The salary, as a rule, is the official salary. It is a monthly deduction, the amount of which depends on the qualification, business qualities and the position to which the employee is assigned. The official salary is used at enterprises to pay employees, specialists, managers.

It is also used as the basis for the calculation of bonuses, allowances and surcharges. The contract may contain information about additional payments. Their size is determined by agreement of the parties. When drawing up an employment contract with an employee, the employer indicates a certain amount official salary. If the manager intends to pay a small amount at first and then increase it over time, then this fact should be contained in the agreement. In the absence of such information, the employer is not responsible for the failure to fulfill these promises.

Mode of activity and rest

The work schedule of an employee is determined by the expediency for the enterprise. The mode of activity may have an irregular character. Explanations on this matter are contained in Art. 101 of the Labor Code of the Russian Federation. In accordance with the provisions, employees on an irregular schedule may be periodically involved by the employer in the performance of their official duties outside of normal working hours. The law says that the list of employees carrying out their activities in this mode should be established by a collective agreement, contract or internal regulations at the enterprise. Six- and five-day weeks or a shift schedule are also common.

Compensation and guarantees

Quite often, an enterprise makes an obligation to fulfill its requirements in an employment contract with an employee. These include, in particular, medical care provided free of charge, or a convenient schedule. At the same time, the employee assumes certain obligations in which the enterprise is interested.

For example: do not quit for a certain period, act as a mentor in relation to a specified number of young professionals, and so on. The terms of the agreement impose certain and in some cases quite severe restrictions on both the employer and the employee. At the same time, the provisions prescribed in the contract contribute to the retention of valuable personnel, the maximum use of the experience of employees and their knowledge in the training of new specialists.

Filling out the agreement

An employment contract with an employee is drawn up in two copies. One of them is kept by the employer, the other is given to the employee. Any oral agreement on the performance of any activity is not legally binding. The form of an employment contract with an employee contains the following appendices:

• Schedule.
• Job instruction.
• List of prices for work.
• Agreement on non-disclosure of confidential information.

Related documents are also being prepared. This, in particular, may be an additional employment contract with an employee. Such an agreement, for example, is necessary in the event of a reduction in the salary of an employee. Registration of the employment contract itself and additions to it is carried out in the appropriate register.

The drawn up agreement comes into force immediately from the moment of registration or, if it is indicated, on the day when the employee must begin to perform duties. If the employee did not appear at the workplace within seven days without a good reason, the employer has the right to terminate the contract unilaterally.

Special category of employees

Of course, the company is not interested in unskilled personnel. But situations often arise when, in order to save money on positions that do not require special professional skills, various companies - small, large - accept underage workers.

By law, an agreement can be concluded with a person who has reached the age of 16. However, in some cases, an employment contract with a minor worker may be drawn up at an earlier age. An apprentice can be hired by an enterprise if he has left educational institution until they receive their general education. Moreover, his age can be 15 years.

With the consent of one of the parents or the guardian and the guardianship authority, an employment contract may be concluded with a fourteen-year-old student. The agreement involves the performance of light activities that do not disrupt the learning process and do not cause harm to health.

In theaters, organizations associated with cinema and concerts, in the circus, it is allowed to hire employees under the age of 14. For the implementation of activities, the consent of the parents or guardians and the guardianship authority is required. Work must not be detrimental to the health of minors and hinder their moral development.

Features of activity regulation

Regulates the procedure for hiring and concluding an employment contract Art. 265-272 of the Labor Code, as well as a collective agreement. In these articles, the legislation establishes the regimes of rest and activities of employees under the age of 18, the conditions for its implementation, official salary, and so on. Any sample employment contract with an employee must comply with all applicable laws.

Termination of the Agreement

Termination of an employment contract with an employee under the age of 18 is carried out in accordance with one of the grounds specified in Art. 77 TK. In addition, the agreement may be terminated due to violations in the recruitment of an employee. For example, an employee under the age of 18 was hired to perform hard, dangerous or harmful work, to a liquor store, to a nightclub, and so on.

Otherwise, the agreement may contain other reasons. Termination of the contract unilaterally at the initiative of the employer (except in the case of termination commercial activities or liquidation of an enterprise), in addition to observing the general current procedure, is allowed only with the consent of the state inspectorate and the commission on minors.

Additional Information

An employment contract with an individual entrepreneur is drawn up similarly to what is drawn up with an organization. The agreement must also be in duplicate and signed by both parties. An employee can start work before an employment contract is concluded. In this case, the agreement must be drawn up within 3 days. An employment contract with an LLC employee, as well as with an individual entrepreneur, may contain annexes.

Required package of documents

Article 65 of the Labor Code of the Russian Federation establishes required list papers. The list includes:

• Passport or other document that proves your identity.
• Employment history. An exception is cases when an employment contract is drawn up for a part-time employee or an employee begins his professional activity for the first time.
• Insurance certificate.
• For those liable for military service - accounting documents.
• Certificate of education, qualifications, special knowledge (in the case when the activity requires special training).

If a citizen is applying for a job for the first time, then employment history and PFR insurance are issued by the employer. The employee must be familiar with the internal regulations at the enterprise, safety regulations and other local regulations.

Duration of the agreement

In accordance with the law, an employment contract can be drawn up for a fixed period or be indefinite. This provision is governed by Art. 58 TK. An employment contract with an employee (temporary) is drawn up for a period of up to 5 years. The agreement may or may not specify a period of validity. In this case, the contract is said to be indefinite. For a certain period, an agreement is drawn up in a number of cases. These include, in particular:

• Replacement of an absent employee. In this case, a temporary contract is drawn up. A place is reserved for an absent employee.
• Performance of seasonal activities (up to 2 months).
• Internship either professional education employee.
• Employment with an entrepreneur or small business.
• Compatibility.
• Employment of pensioners by age or persons with disabilities due to health reasons.

The agreement terminates upon the expiration of the period specified in it. Three days before the end of the period, the employer is obliged to warn the employee about the end of the activity. The notification is made in writing. If at the end of the specified period the parties did not declare termination, the agreement is considered to be drawn up for an indefinite period.

Download a standard form of an employment contract between an employee and an individual employer

Download a fixed-term employment contract with an employee

Download the form of the collective agreement

Download an employment contract with an employee

An employment contract is an agreement between an employer and an employee on the nature and duration of the employment relationship. An employment contract legally formalizes the mutual rights and obligations of participants in an employment relationship. A properly drawn up employment contract will protect the interests of the employer without infringing on the rights of the employee, and will help to avoid many undesirable legal consequences. The parties to the employment contract are the employer and the employee.

An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the designated labor function, to ensure the working conditions provided for labor law and other regulations, timely and in full to pay the employee wages, and the employee, for his part, undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations applicable to the employer. The main document governing labor Relations is the Labor Code, and the terms of the employment contract should not contradict its articles. At the same time, in disputable situations, they will be interpreted as described in the labor code.

An employment contract should be distinguished from. The employment contract provides the employee with a number of benefits, guarantees and compensations that are not provided for contractual relations.

Sometimes in practice the terms labor contract, labor agreement are used.

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract remains with the employee, the other is kept by the employer. The fact of receipt of a copy of the employment contract by the employee is certified by the signature of the employee on the copy of the employment contract kept by the employer.

An employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his legal representative. When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee was actually admitted to work.

According to the Labor Code, an employment contract may contain additional conditions that do not worsen the position of an employee in comparison with those established by labor legislation and other regulatory legal acts, a collective agreement, agreements, local regulations, namely:

• Condition on specifying the place of work, indicating the structural unit of registration and its location;
• Probationary condition;
• Agreement on non-disclosure of official or commercial information;
• A condition 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;
• An agreement on the types and conditions of additional social and medical insurance for the employee;
• Condition on the possibility of improving the social and living conditions of the employee;
• Item clarifying working conditions this employee, as well as the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing norms labor law.

When concluding employment contracts with certain categories of employees, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding employment contracts or their conditions with relevant persons or bodies that are not employers under these contracts, or drawing up employment contracts in more copies.

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

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

Employment contract, form

The meaning of the employment contract

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

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

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

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

Types of employment contracts

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

By validity period:

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

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

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

By the nature of the working relationship:

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

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

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

By type of employer:

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

Sample employment contract (2020)

Depending on the legal status employee:

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

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

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

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

• about the main work;
• about part-time work.

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

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

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

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

Form of employment contract

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

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

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

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

Parties to the employment contract

The parties are the employee and the employer.

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

• work should be easy;
• do not violate educational process;
• the presence of the consent of the official representative, most often they are the parents of a teenager.

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

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

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

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

Mandatory to be included in the document are information relating to professional activity person:

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

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

In addition, the employment contract may include additional conditions:

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

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

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

The structure of the employment contract

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

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

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

Termination of the employment contract

The employment contract can be terminated at the initiative of the employee, that is, own will and at the initiative of the employer.

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

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

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

Storage of the employment contract

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

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

When entering a job, every citizen is faced with the choice of concluding an agreement or a contract. In which case is it correct to sign an employment contract, and in which case you will be offered a contract with a large number of conditions and clauses.

Before signing an agreement or contract, it is necessary to carefully study it in order to possibly add new conditions or disagree with the proposed items. All labor contracts and contracts are drawn up on the basis of labor legislation and other regulations to regulate industrial relations.

The employer at the interview informs the new employee about the working conditions, internal regulations, form of remuneration, vacation, sick leave.

The basis for concluding an employment contract or contract is an application from a citizen with a request for employment.

Managers are in no hurry to conclude an agreement or contract, they offer to work first without registration for a certain time - a trial period. This is against the law.

First, an agreement or contract is signed, in two copies for each of the parties.

An employment contract or contract comes into force from the moment the employee enters the workplace, fulfills his duties by order this enterprise. Safety briefing, study job description under the painting are necessary to start work.

In the event that the terms of the contract or employment contract are contrary to law, do not sign this document. After signing, the employee has the right to go to court to appeal this agreement.

The statement that an employment contract and a contract is unambiguous is not entirely true.

Contract in Latin means “deal”.

A contract is a form of a relationship agreement between the parties, prescribed by the terms of penalties for their violation. Failure to comply with the terms of the contract is punished financially. Voluntary dismissal is not provided. Material liability for dishonest performance of the contract, one of the forms of coercion to strict compliance with the conditions. Disputes under the contract are resolved in court.

Validity of the employment contract and contract

The contract is concluded for a certain period, the conditions for prolonging the contract are possible, but not necessary. The signatures and seals of the parties give the document legal force. The parties agree to all conditions voluntarily. Parties may be enterprises, firms, public authorities and individuals.

On a contract basis, senior and middle managers, materially responsible employees are invited to work.

Ordinary employees go to work mainly under an employment contract.

Usually the employment contract is open-ended.

This document nominally confirms that the person has been accepted to a certain position with a salary, according to staffing. The work schedule and working conditions are discussed orally and are determined by the contract. The ability to quit your job of your own free will without paying a fine is the difference between an employment contract and a contract.

If the employment contract is fixed-term, after the expiration of the contract, the dismissal of the employee at the end of the term of the employment contract should be formalized.
The contract at the end of the term gives legal grounds for dismissal.

The end date of the contract, as a fact, is the basis for the dismissal order.
Early dismissal at the request of an employee involves penalties.

Dismissal at the request of the employer without legal grounds occurs with the payment of compensation to the employee.
Dismissal at the request of the employer due to poor performance of duties or violation of the terms of the contract.
Dismissal by agreement of the parties, as a peace treaty, removes the issue of material claims of the parties.
The company does not have the right to terminate the contract for a reason that is not spelled out. This is the difference from the employment contract, where there are no such strict limits of what is permissible.

Payment under an employment contract and under a contract

A recruiting agency helps the employer and employee find each other. A contract for paid information services is concluded on the basis of an employment contract. The customer for a vacancy or the applicant, as it is hereinafter referred to, instructs the recruiting agency to provide information about the potential employer for a fee.

Remuneration under an employment contract corresponds to the level of qualification and position held, is paid weekly, twice a month or upon completion of the entire scope of work under the contract. Bonuses, payment for urgency, harmfulness, intensive working conditions or overtime work possible, but not always reflected in the contract.

Remuneration under the contract takes into account all the details and conditions of remuneration for an irregular work schedule, for the timely execution of orders. Penalties for unfair performance of job descriptions, violation of the terms of the contract, put the employee in a strict framework of basic requirements.

The contract is drawn up, carefully writing out the conditions, norms and rules of conduct. The amount of material remuneration of the employee, the amount of bonus for Good work. Penalties for any violation of the rules have a precisely stipulated amount. For minor violations, administrative measures are provided - a remark, a reprimand, a severe reprimand with entry in a personal file. Gross violations discipline, drinking in the workplace, neglecting one's own official duties, violation of the deadlines for the execution of the order, such misconduct leads to the termination of the contract at the request of the employer and a fine.

The contract sometimes includes a separate clause on its extension for a new period, if both parties are satisfied with the cooperation. Good specialists, conscientious workers are valued.

" Labor contract. the contract

Personnel Management
Dictionary-reference

Employment contract (contract)

Contract (employment contract)- an agreement that is concluded when hiring employees. The advantage of the written form of the contract is that all the terms of the contract are fixed in a single act binding on the parties. The written form increases the guarantees of the parties in the implementation of the agreements reached on the most important working conditions.

• place of work - the name of the enterprise where the employee is accepted;
• work in accordance with the qualifications for a particular profession (position) that the employee must perform;
• the date of commencement of work and the date of its completion, if a fixed-term employment contract is concluded;
• obligations of the employer to ensure labor protection at the enterprise.

An employment contract may also contain additional conditions that specify the obligations of the parties and are established in a contractual manner. Additional conditions include the establishment of a probationary period, the combination of professions (positions), retraining and training in combined professions, regular advanced training, duration additional leave, working time and rest time, etc. Establishment additional conditions the contract should not worsen the position of the employee in comparison with labor legislation, an agreement of any level (general, sectoral, special) and a collective agreement.

The law does not link the observance of the written form with a certain type and term of the contract. Therefore, a written employment contract (contract) is concluded with both permanent and temporary workers, homeworkers and part-time workers. Written registration of labor relations for persons previously hired is carried out only with their consent.

The parties to the contract are: an organization (legal entity) or a citizen (individual) in need of the labor of employees acts as an employer; as an employee - citizens who have reached the age of 15; in exceptional cases - citizens who have reached the age of 14 (in their free time from study, if the work does not harm health and does not violate the learning process), but only with the consent of their parents, adoptive parents or guardians.

An enterprise can delegate the right to hire and dismiss employees to its branches, branches, representative offices, which should be enshrined in its charter (regulations). If such a right is not granted to an independent unit, all its employees conclude an employment contract directly with the head of the enterprise.

The employment contract should indicate structural subdivision(workshop, department, department, laboratory, etc.) in which the employee is accepted, which will allow specifying his labor duties, working conditions, and entitlement benefits. The profession (position) for which the employee is accepted is indicated. It is recommended that the content of the contract reflect all the most important working conditions established by agreement of the parties (workplace, working conditions, social benefits and guarantees).

In a written form of an employment contract, it is not advisable to determine all the obligations of an employee in accordance with the profession (position) for which he was hired. The range of duties of the employee arises from the need to fulfill production program, achievement of certain indicators, compliance with the mode of operation (rules on labor protection, etc.). Responsibilities are defined on the basis of qualification characteristic and workplace models in the job description.

Fixed-term employment contract is concluded when labor relations cannot be established for an indefinite period, taking into account the nature of the work to be done, the conditions for its performance, the interests of the employee, as well as in cases directly provided for by law. When concluding contracts with full-time personnel, it is advisable to fixed-term contract coordinate with the planned period of personnel certification. The most appropriate time frame is three or five years.

To check the compliance of the employee's training and abilities with the work assigned to him, by agreement of the parties, a probationary period may be established within the limits provided for by law. If an employee is accepted with probationary period, then the contract fixes a specific test period, but not more than six months from the date of employment.

It is advisable to specify the appropriate amount in the contract tariff rate(official salary) of an employee by profession (position), qualification category and qualification category provided for in the collective agreement or other local regulatory act. You can specify the ratio of the minimum wage in relation to the rate in the public sector.

The salary of each employee should depend on the complexity of the work performed, personal labor contribution and the quality of work. By agreement of the parties, a higher amount of remuneration may be established than in the relevant employment contract (agreement), if this does not contradict local regulations in force at the enterprise. Establishing on an individual basis a higher wage should be associated with the high qualification of the employee, the performance of more complex tasks, programs and ensure equal pay for an equal quantity and quality of work.

The basis for determining the remuneration of an employee is:

• tariff rate (official salary), reduced to the number of minimum wages for public sector employees;
• the wage minimum multiplied by the number of family members of the worker;
• minimum subsistence standard of living;
• average salary in the region (city) at similar enterprises;
• the average number of minimum wages.

In addition to the size of the tariff rate (official salary), the employment contract may provide for various additional payments and allowances of a stimulating and compensatory nature: remuneration for the final result, for professional skills and high qualifications, for class, for an academic degree, for deviation from normal working conditions, etc. Various types of incentives for employees operating at the enterprise can also be reflected in an individual contract, for example, bonuses, remuneration at the end of the year, payment for long service, payment in kind.