Regulation of working relations: collective labor contract. Collective labor agreement and its features Individual and collective agreement

The employer draws up an employment relationship with a potential applicant on the official terms of the contract, which will clearly spell out the legal obligations of the parties. Thus, the regulation of legal relations between the employer and the subordinate is carried out with the help of legislative acts and norms, as well as an internal document called a collective labor agreement.

General concepts, regulatory regulation of labor relations with individual entrepreneurs

The concept of what a collective labor contract means is a legislative document that regulates social and labor relations at an enterprise, is concluded by an employee and an employer through negotiations between their legal representatives. On behalf of the company, specially authorized people appointed by order of the management act, the interests of employees are represented by trade union organizations.

Note! Fifth article of the Labor Code Russian Federation Regulates the implementation of collective agreements by means of normative acts and agreements.

Such a document can be drawn up at the level big company or an individual legal entity (Article 40 of the Code of the Russian Federation). A specially created commission by order of the employer, which consists of representatives of both parties, takes part in the preparation of the collective labor agreement. An approximate range of issues included in the discussion of the contract is regulated by Art. 41 of the Labor Code.

After signing the collective labor contract (seven-day period established by law), the document is registered in specialized labor bodies. The validity of the document begins after the end of registration and verification of the conditions for organizing the work of employees.

Labor contracts with individual representatives, main types

The contract establishes the legal relationship between the employer and the employee. Types of labor collective agreements with individual entrepreneurs:

1. Contract for a strictly defined time period:

• urgent - from 2 months to 5 years;
• indefinite - unlimited period of validity labor relations.

1. By the nature of the working relationship:

• contract at the main workplace;
• agreement between individual and employer;
• remote activity (for example, at home) art. 49.

Fixed term contract

A fixed-term contract is a type of activity that is concluded for a clearly defined period. A fixed-term collective labor contract has the following characteristics:

• the regulations for working relationships of an urgent nature are determined by article 59, parts 1, 2 of the Labor Code of the Russian Federation;
• is issued in the case when the type of activity does not provide for employment for an unlimited period;
• on terms fixed-term contract construction, seasonal, temporary activities are carried out;
• works by voluntary agreement of the parties, participants in the employment contract, means the right of the employee to formalize a permanent labor relationship;
• in the absence of clearly defined terms of the contract in the contract, then the document is signed on a permanent basis;
• after the expiration of the contract, the employee remains in his place, the employment contract is considered unlimited.

Indefinite contract

A type of contract that is not limited to a time frame is called an open-ended employment contract, in other words, it is a permanent job.

Labor activity under a civil law contract

An example of a bilateral relationship in which a specific type of work activity is carried out without the conclusion of labor agreements is called a civil law contract.

The document contains a clear list of responsibilities for the provision of services of certain types, aimed at the result, with clearly defined time frames, individual payment for the order.

The procedure for drawing up an employment contract with an individual entrepreneur

The general grounds for concluding an agreement between an employer (entrepreneur) and an applicant are:

• labor relations are regulated by article 48 labor law;
• operation of the general principles of employment;
• registration of the document in local governments;
• mandatory registration of labor relations in writing;
• payment of payments and insurance premiums;
• registration of certificates of pension insurance.

Download a sample collective labor agreement

Required documents

When drawing up an employment contract, the applicant submits necessary information about personal data in the required documentation:

• passport;
• a work book, a document confirming a part-time job;
• certificate of pension insurance;
• military ID;
• qualification diploma.

Features of the procedure for concluding an employment contract

Basic principles for drawing up collective agreements and agreements:

• equal rights of the parties;
• free choice of resolving issues that are included in the content of normative acts;
• compliance with the rules and regulations of the law;
• powers of representatives of the parties;
• voluntary acceptance and fulfillment of obligations;
• systematic control;
• obligatory liability.

Important! The purpose of the collective labor agreement is to protect the rights of employees, the parties bilaterally determine the structure and provisions of the document.

The main information that should be contained in a sample collective labor agreement:

• information on staff development;
• accrual system data wages, payment of material compensation, taking into account indexation and inflation;
• the procedure for registration of holiday campaigns;
• organization of comfortable working conditions;
• assistance to young employees during the combination of study and work;
• provision of other services in hazardous production: payment for food, sanatorium treatment.

An example of a collective labor agreement should include sections:

• general provisions;
• labor standards and pay;
• guaranteed rates and reimbursement of compensations;
• employment in case of reorganization or dismissal;
• the procedure for organizing working time, providing the required leave;
• ensuring labor protection;
• creation of trade union organizations.

Filling out a work book

Information about the labor activity of an employee who gets a job is reflected in the employee's passport - a work book. The personnel employee of the enterprise is obliged to keep records in the document (exceptions are employers - individuals).

Filling order work book regulated by federal law and the relevant regulations of the Labor Code.

The employee passport must contain all the information that helps the employer evaluate the business and professional quality potential employee.

Larisa Fedorova talks about the collective labor agreement

Collective labor agreement, what is it?

The collective labor agreement is labor agreement between the employer and the team of employees and fixing legal liability.

Collective and individual labor contracts are quite closely related. The collective one is drawn up in addition to the individual labor contracts required when hiring each of the employees, and is regulated by the provisions of Chapter 7, Art. 40 and Art. 44 of the Labor Code of the Russian Federation.

It has the status of a legal act of local appointment, reflects the main points of contention that may arise between the head and members of the trade union.

Accordingly, it acts as a lever of control, deliberately placing emphasis on issues that are significant for both parties.

When do they conclude?

Is a collective labor agreement obligatory or not?

Compilation of this type of documentation not necessary.

But due to the undoubted advantages, they use it more and more often.

When compiling take into account difficult moments in the relationship between employer and employees.

At the same time, a competent manager is able to foresee the nuances that require deliberate regulation.

Due to changing circumstances that affect the relations of the parties in the labor collective, the provisions of the collective labor agreement may become morally obsolete.

What to do if the regulations allow you to renegotiate it only in accordance with the established deadlines? It must be taken into account that there can be only one master instance. But labor legislation allows for changes and additions.

The term of the collective labor agreement no more than 3 years. Accordingly, it has the right to conclude for 1 or 2 years. As long as the concluded copy is legally valid, supplementary annexes are valid with the indicated changes and additional provisions adopted.

Until the appointed time, the validity of the collective labor agreement does not allow cancellation or termination, except in cases of violation of the implementation of the provisions specified by the parties. In this case, both the employer and the team have the right to initiate the termination.

REFERENCE: At the end of the contract need to restart by updating the main provisions or paragraphs. If this is not done, he will extended for the same period to which he was bound.

The advantages of the employer in concluding a TD are undeniable.

After all, here he coordinates all the nuances that may occur in the activities of a manager.

Subsequent management work will be focused not on the search for management models, but on the implementation of established provisions.

Accordingly, the occurrence of disputes will be minimized, and if they mature, the conciliation commission and other authorized persons will first of all turn to the existence of a collective labor agreement and the provisions of its constituents.

He can provide significant support in case of employee complaints to the labor inspectorate, to the prosecutor's office. Relying on the actual coordination of certain situations with the team, the managerial link relieves itself of responsibility.

Difference from similar documentation

What is the difference between a collective agreement and an employment agreement?

There is a noticeable difference between a collective labor agreement and other types of labor contracts:

1. He announces only unified provisions common to all employees.
2. At its conclusion improvements, changes are allowed, discussions until all points pass through the mutual agreement of the parties. The standard form in the case of a collective labor contract is not relevant.
3. When compiling it is permissible to introduce provisions on privileges that are not standardized by the Labor Code of the Russian Federation, but not violating it.
4. The collective labor agreement affects the permissibility of making changes to other types of contract documentation, but not vice versa.

IMPORTANT: Some Provisions included in the collective labor agreement, related to the improvement of working conditions, duration of labor leave or normalization of the working day, has the right to override the law established by the Labor Code of the Russian Federation, if they are established at the expense of the employer.

Order of conclusion

The drafting of the document was initiated by a group of activists on the part of the collective, or offered directly by the employer.

Wherein a preliminary copy is made, the text of which is invited to familiarize the counterparty.

Often the question is raised general meeting, where by a simple majority of votes as a result of an open vote, they recognize the need to draw it up.

In this case, it is worth putting the issue on the agenda without fail, before the start of the meeting. If the initiative group made a proposal outside the scope of the discussion of the issue at the meeting, the approval procedure is carried out through negotiations between the parties. Subsequently, the agreed version of the text is submitted for discussion and approved by the meeting of the trade union.

On the part of the administration and the staff, representatives and proxies are allocated who enter into negotiations based on the agreement on the detailed conditions of the conclusion and the provisions to be introduced.

If the issue arises outside the meeting, proposals for representation can be made to the trade union, and from the side of the administration - by a statement to the head.

On the basis of operative instructions h.2 Article. 29 of the Labor Code of the Russian Federation, representatives of the trade union are obliged to defend their own interests and have the right to be elected among the representatives.

Invitation to Negotiate

As a rule, the active group is allocated from among the employees. Some employers themselves offer to draw up a collective labor agreement because these requirements are more and more behind the scenes, and sometimes with direct instructions, motivate to conclude it.

Party initiator in writing provides a proposal for negotiation. counterparty within 7 days from the date of receipt gives a positive answer or motivates the reasons for refusal.

If the reasons for refusal are not convincing, they can be challenged in labor inspectorate(GTI). After receiving written consent, a commission is formed to participate in the negotiations.

The day following the receipt of the written response opens the negotiation period between the parties.

In the text of the answer a list of committee members must be submitted participating in the negotiations, which defines paragraphs 1.2 of Art. 36 of the Labor Code of the Russian Federation.

Usually, the members of the commission include representatives of the departments of the enterprise, which is regulated by clauses 2-5 of Art. 37 of the Labor Code of the Russian Federation.

IP employees have the right to nominate responsible persons from among themselves, or to enter into negotiations collectively, if their number does not exceed 5 people.

Trade union members are notified through the trade union organization and provide lists of elected representatives.

No later than 2 days before the start of negotiations counterparties exchange available information. This gives them the opportunity to prepare for negotiations, which confirms paragraph 7 of Art. 37 of the Civil Code of the Russian Federation.

At the negotiations, a preliminary docking of the text takes place. If the parties do not reach an agreement, negotiations are postponed.

The term of the negotiation period as a whole is limited 3 months. If no agreement is reached during this time, a preliminary text is drawn up, to which protocols of disagreements between the parties are separately attached in accordance with from part 2.3 of Art. 40 of the Labor Code of the Russian Federation.

A ready agreed text or a preliminary copy with protocols of disagreements is submitted to the meeting for approval of the contract.

Parties and content

The parties to the collective labor agreement are the "Employer" and "Employees", as indicated in the first introductory provision of the document, indicating personal data official and the name of the organization.

The structure of the collective labor agreement is determined by:

• introductory part;
• basic provisions;
• conclusion.

Despite the fact that the specifics of each organization provides for a unique approach and the introduction of the required nuances into the document.

The Ministry of Labor of the Russian Federation facilitated the fate of the commission and offered for use the so-called "layout", approved in the Letter dated 06.11.03. He offers cumulative set of options and allows you to clearly reflect the structure of the document.

1. Employment. This defines the management positions required for the distribution of functional authority. As well as benefits and preferences for certain categories of workers.
2. Working hours, rest time, provision of vacations. Each position gives the required characteristics and provides additional incentives.
3. Salary. One of the most burning questions in the discussion. It offers options for material incentives for certain categories of workers.
4. Working conditions. Occupational safety. It provides for the possibility of improving sanitary standards and protection from negative technogenic factors.
5. Compensation for damage caused to health. Medical service. The provisions provide social guarantees for injuries and mutilations and consider the possibilities of health prevention.

The collective labor contract is filled in according to the form established for drawing up contracts. There are no special requirements for it..

Terms of signing

The contract is signed by the parties, indicating the personal data of the employer and the name of the enterprise, indicating the form of ownership.

The signature requires a handwritten transcript and is placed at the end of the text of the document.

Details are indicated in the introductory part, when determining the parties.

The number is placed at the very beginning of the document, directly under its name.

The agreement comes into force from the moment of its signing parties and is valid for the entire period. At the end of the term, it can be extended, or it can be re-created.

How many collective labor agreements can be concluded in an organization? The contract is drawn up according to the number of parties - in 2 copies. One is kept by the manager, the other - in trade union organization. In the absence of such - with an authorized person.

ATTENTION: if the contract is not going to be renewed, the employer is required to notify the union or team of workers on its termination.

The notification is issued in writing, with registration of the procedure.

The document is stored in a safe along with other important documentation for the entire period of validity, along with the documentation attached to it.

The obsolete copy is stored in a safe. but in a different folder. There he must be within 3 years, after which it is transferred to the archive. Archival documents are kept for 75 years.

Or - during the life of the organization and, enterprises, after which it is subject to write-off together with other documentation.

Alteration

If the contract ceased to meet the requirements of time and working conditions.

Or when they appeared additional features improvement of the organization in production, amendments can be made to the contract.

They have the form of additional documentation and allow the name:

• additions to the collective agreement;
• appendix to the collective agreement.

Additions are allowed no more than 3 months later after the next release. Without a master instance, they are not valid.

Applications

Documentation is attached to the contract, reflecting the correctness of the procedure for its preparation, signing and approval by the meeting. It includes:

• protocols;
• act of the counting commission;
• preliminary version;
• additions and protocols for making changes.

ATTENTION! For violations committed during the preparation or conclusion of a collective labor agreement, the employer is subject to an administrative penalty, possible imposition of penalties.

Termination

Except in cases of natural urgent termination actions, early termination may be allowed..

They are allowed:

• by agreement of the parties;
• unilaterally;
• judicially.

Forced termination of the contract is allowed if one of the parties fails to comply with its provisions which requires documentary evidence.

Some conditions of the collective labor agreement require renegotiation or termination of the document.

These are the cases:

• reorganization of the enterprise;
• changes in the form of ownership;
• liquidation and restructuring of a legal entity.

The procedure for concluding an agreement regulates the inclusion in its provisions, paragraphs and subparagraphs of those issues that may become a “stumbling block” between administrative instructions and the requirements of the team.

Useful video

This video details the intricacies of concluding a collective labor agreement:

A collective labor contract is a contract concluded between employees of an organization and an enterprise, based on the current provisions of labor legislation and based on the possibility of providing additional guarantees to each employee of the organization.

When concluding a collective agreement, all subsequent agreements with new employees are always concluded in a “collective” way, ordinary individual labor agreements are no longer used. The presence of a collective agreement at the enterprise is an optional condition for the implementation of labor activity, however, if the employees, represented by their representatives, made a proposal to create a collective agreement, then the employer does not have the right to refuse in accordance with the provisions of Art. 36 of the Labor Code of the Russian Federation.

Most often, the purpose of concluding an agreement on the part of employees is to establish clarity in matters of bonuses, establish benefits and other compensation payments, as well as regulate the work schedule, including time for work and rest.

Employers also have their own advantages of concluding collective labor agreements:

1. The most important advantage of concluding such an agreement for the employer is the complete formalization of relations at the enterprise, which can significantly reduce possible difficulties and problems due to additional guarantees for individual employees.
2. The conclusion of this kind of agreement can significantly simplify labor relations between employees and the employer, since, taking into account the provisions of the collective agreement, its norms apply to all participants labor relations regardless of their status and features.
3. Also, the collective agreement allows you to systematize bonus and other incentive payments in order to more accurately take into account the taxable base for issuing payments and for filing reports with the Tax Service.

Legislation allows the employer and employees to regulate the terms and conditions of the collective agreement independently, and the employer must listen to the opinion of the representative body and, on the basis of its petitions, establish the provisions of the general collective agreement.

What the law says

Legislation on the issue of regulation of collective labor agreements is almost entirely built on the protection of the labor rights of employees of the organization, therefore, the actions of the employer in some matters are significantly limited.

In particular, the employer does not have the right to refuse the representative body of workers in the proposal to initiate the creation of a collective agreement at the enterprise, however, the initiator of the creation can be not only employees or their trade unions, but also employers, if they believe that the introduction of a collective agreement will help in the implementation of the labor rights of workers and employer.

The main normative act, in accordance with which labor relations are regulated, is Labor Code RF. Art. 40 of this code establishes the fundamental principles of collective agreements within organizations or within the framework of individual entrepreneurs. In accordance with Part 1 of Art. 40, a collective agreement is understood as a local normative act of an enterprise that regulates social and labor legal relations between employees of an organization or employees of an individual entrepreneur and an employer. In this case, the contract is concluded between the direct management of the enterprise and the representative bodies of workers, most often represented by trade unions.

After putting forward a proposal to create a collective agreement, the drafting and approval of the provisions must take place within three months. If, for some reason, employees and employers have not come to common conclusions and provisions, then a collective agreement is concluded on the basis of agreed decisions, and those that are not agreed upon are discussed further until they are accepted by both parties. Until the end of the negotiations, the parties must draw up a protocol of disagreements on those issues that do not suit the representatives of employees and employers.

Important! Not only parent companies, but also branches or other separate institutions can participate in the preparation of a collective labor agreement.

The legislation allows you to more or less freely draw up a collective agreement, therefore, almost all the nuances and features of agreements between different organizations are individual, however, the Labor Code of the Russian Federation establishes that all provisions of an agreement between employees and employers must comply with labor legislation and other regulatory acts of the Russian Federation.

Why is a collective agreement needed?

A collective agreement is one of the ways to regulate legal relations between employees and an employer on the general basis of labor legislation. This type of contract allows not only to establish any relationship between employees and the organization on the basis of general norms, but also to prescribe particular situations and provisions that would suit each of the parties.

An example of private situations is the possibility for an employee to take leave without pay for a short period of time, for example, to travel to the wedding of a child or relative, which is not regulated by law at all. Labor law provides for the registration of time off only for one's own registration of marital relations.

First of all, the collective agreement is a compromise between representatives of the working class of the organization and the immediate commanding staff, as it allows you to establish all kinds of additional labor protection guarantees and establish any norms for additional guarantees - payment of bonuses on a monthly and annual basis, rules for the provision of wages and advances , their percentages, etc.

When drawing up the document, the employees themselves can make any proposals for the implementation of the collective agreement, as well as participate in the discussion of accepted or adopted norms. Thus, the right of employees to manage the enterprise is realized.

A general agreement with all employees allows you to accurately determine the tax obligations of the enterprise, as well as establish additional guarantees for management and simplify the work of the personnel department, since in fact a collective agreement means that the enterprise has a unified and strictly defined form of employment contract that is valid for all employees.

Terms of the collective labor agreement

The collective agreement can be concluded only in accordance with the current legislation; it is not allowed to reduce or change any fundamental rules for establishing labor relations.

In accordance with this, the contract between employees and the employer may contain the following conditions:

• methods of remuneration, as well as their forms and amounts, including bonuses, incentives, compensation payments;
• the possibility and rules of indexation of wages, as well as ways to determine various indicators and overfulfillment of the plan;
• rules for employment and advanced training of employees, including the possibility of retraining;
• work schedule, which establishes periods of rest and work during the day;
• vacation rules;
• opportunities and programs to improve working conditions;
• health protection of workers and rules for the application of safety at work;
• preferential rights certain categories workers;
• rest conditions for employees and members of their families at the expense of the organization;
• food system for employees at the enterprise;
• control over the fulfillment of the terms of the collective agreement, as well as ways to amend the existing local normative act;
• refusal of workers to hold strikes if the terms and conditions of the contract are fully implemented, etc.

The collective agreement should not worsen the working conditions of any employee of the enterprise in relation to the current labor standards or other employees of the organization.

Conclusion of a collective labor agreement

The collective agreement must be concluded within three months from the start of negotiations on its introduction at the enterprise. The initiator of drawing up an act can be any party to labor relations - a representative body of employees or the head of an organization. The initiating party sends the second party a written notice of the conclusion of the collective agreement, the second party must give a written response to the start of negotiations within one calendar week.

Through negotiation, various acceptable and unacceptable conditions are established, which can be included in the final version of the document. Provisions on which the parties could not agree cannot be included in the contract. The parties can agree on them in separate negotiations and enter additional data later.

Labor regulations in the collective agreement

A collective agreement is a local act of an enterprise that establishes labor relations between employees and owners of an enterprise. In accordance with the provisions of labor legislation, this act is not a mandatory attribute of labor relations, but can only be concluded at the initiative of any of the parties. At the same time, the employer cannot refuse to conclude a collective labor contract if the initiator of its conclusion was the representation of employees.

At the same time, the daily routine is a mandatory attribute of labor relations, without which no enterprise can legally exist. In accordance with Art. Art. 15, 21-22 of the Labor Code of the Russian Federation, the employee is obliged to obey the internal regulations of the enterprise.

Within the framework of Art. 189 of the Labor Code of the Russian Federation, the internal labor regulations of an organization are understood as a local regulatory act of an enterprise that establishes the rules and features of the hiring and dismissal of employees, as well as the rights and obligations of each employee in relation to their performance job duties and regulation of the system of remuneration and incentives.

Based on the foregoing, it can be concluded that labor regulations can be included in a collective labor agreement, but only in the case of a general agreement between the parties, while the rules can also act as a separate normative act of the enterprise.

Labor disputes under a collective agreement

In accordance with Art. 398 of the Labor Code of the Russian Federation, a collective labor dispute refers to disagreements between employees of an organization and an employer over working conditions. The interests of each of the parties may be represented by a representative, including in negotiations to resolve outstanding issues.

The initiation of labor disputes occurs with the provision of a written statement to the employer, which reflects the essence of the claims. The document is provided by the authorized body to resolve labor disputes on the part of employees. The transfer of requirements is possible only with the in-person voting of employees of the enterprise who agree or disagree with the requirements put forward.

The employer provides a response to the requirements within two business days, however, in some cases, the period for consideration of the application may be extended up to three weeks. The result of the answer may be a proposal to create a conciliation commission that deals with issues of reconciliation of the parties. After drawing up a protocol of disagreements, a procedure for negotiations between the parties with the participation of a mediator is necessary. If the mediator does not cope with his function, then the next stage of the dispute is labor arbitration. In the event of an aggravation of the conflict without the possibility of a truce, the employees of the organization have the right to go on strike.

Sample collective labor agreement

Collective labor agreement - an employment agreement that unites all employees of the enterprise under common legal provisions towards the employer and each other. The act must not be contrary to the provisions labor law and in any way worsen the situation of the employees of the enterprise.

A collective agreement can be concluded on a bilateral basis between the owner of the enterprise and the labor collective, but more often trade unions actively participate in its preparation.

Target document: the practical implementation of the main tasks of personnel policy through the basic set of organizational and socio-economic relations between the administration as an authorized representative of the owner of the enterprise and its hired personnel.

Purpose document - definition:

General principles and conditions for organizing relations between the contracting parties;

The obligations of the administration regarding the creation of appropriate organizational, technical, sanitary and other working conditions for hired personnel, including a system of social benefits and guarantees;

Obligations of the labor collective in terms of the performance of the functions assigned to it;

Mutual rights of the parties;

Functions of trade unions and other public organizations;

General procedure for resolving labor disputes.

The form, standard structure, procedure for processing the document are regulated by the Law of the Russian Federation "On Collective Agreements and Agreements" and official comments to it.

General methodological requirements to document:

A reality that only reflects the administration's well-resourced commitments;

Concreteness of the statement of mutual rights and obligations of the parties, which does not allow their double interpretation;

The completeness of the covered aspects of labor relations, primarily in terms of potentially conflicting issues.

Users document:

Administration - in the person of specific managers and employees of the personnel service;

Trade union bodies at the enterprise;

Members of the labor collective of the enterprise.

Formation features documents during the reorganization period.

Reflection of the characteristics of the activities of a particular enterprise during its reorganization (the document is formed taking into account the requirements overall strategy reorganization of the enterprise and the resulting personnel policy).

Clear definition of opportunities for enterprise administration:

Possibilities of carrying out a mass reduction of personnel and transferring the remaining part of it to the partial load mode, taking into account the restrictions established by the current legislation and other regulatory acts of the federal and regional levels;

Opportunities to use non-traditional forms of organization and remuneration for certain categories of personnel;

Opportunities for prompt transfer of employees to other positions and jobs without the consent of the trade union bodies (in case of changes in external or internal production and technological conditions).

Restriction of the rights of trade unions and other public organizations to participate in the management of the enterprise's activities within the minimum limits determined by the current legislation.

Reducing the list of social benefits and guarantees to the labor collective from the administration to the minimum established by law for the entire period of the enterprise reorganization (if the financial situation of the enterprise improves, this list can be expanded at the initiative of the administration).

Individual labor contract is concluded with the employee when hiring (document form in topic 9).

Target document: definition general conditions and specific elements of the relationship between the administration of the enterprise and the employee.

Forms document:

A fixed-term contract concluded for a period fixed in it;

An indefinite contract, the duration of which is not specifically determined.

Purpose document:

Determining the job functions of an employee, evaluating the results of their performance, the procedure for evaluating the effectiveness of his activities;

Determination of the conditions, procedure and amounts of remuneration of the employee, benefits and social guarantees applied to him;

Regulation of other rights and obligations of the parties;

Determining the conditions and procedure for early termination of the contract.

Developers document:

HR specialist (standard document form);

The immediate supervisor of the hired employee (content).

Users document:

Representatives of the administration in the person of the direct manager and employees of the personnel service;

The employee who signed the contract.

Consider overall structure individual contract.

protocol part: definition of contracting parties (representative of the enterprise and hired employee).

Thing contract: the fact of the emergence of employment relations between the enterprise and the employee, indicating the workplace ( structural unit enterprise or type of production) and the position held.

Validity contract:

In open-ended contracts (concluded only with the most valuable employees for the enterprise) it is not defined;

In fixed-term contracts, it coincides with the planned date for the reorganization of the enterprise.

Mutual obligations of the parties:

The main obligation is the timely and efficient performance of the functions defined by this section and the individual or standard job description attached to the contract;

Additional obligations of the employee arising from the specifics of the activities of a particular enterprise and its relevant division;

Organizational obligations (creation of working conditions necessary for the performance of established functions);

Economic obligations (payment to the employee of the remuneration established in this clause of the contract (the amount of basic and additional wages is indicated in accordance with the remuneration scheme established for a particular workplace), the procedure and terms for these payments, if necessary, the procedure for indexing payments);

Social obligations (social benefits and social guarantees for a specific employee).

Mutual rights of the parties:

Determine the resource support necessary to perform the established functions, as well as reflect his other professional or social interests (transfer to another position after completion probationary period, study leave, etc.);

Determine the possibility of temporary transfer of an employee to another workplace or a site for production needs, reducing the size of an unguaranteed salary for the billing period in case of negative results of the employee’s activities, etc.

Responsibility of the parties determines the mutual responsibility of the parties for failure to fulfill their obligations and provides for:

The possibility of applying specific administrative and economic sanctions to the employee;

The need to pay the employee appropriate compensation in case of violation of his interests (including early termination of the contract at the initiative of the administration).

Early termination procedure The contract defines the specific conditions, procedure and consequences of early termination of employment relations at the initiative of both the administration and the employee himself.

Additional terms under the contract arise from the characteristics of the activities of a particular enterprise and the position directly occupied by the employee.

Props part contains details (addresses, passport details, settlement and deposit accounts) of the parties, signatures, etc.

Annex to the contract: customized or standard job description(Studyed and endorsed by the hired employee before signing the contract). (the form is presented in 9.1.).

Staff adaptation.

The problem of adaptation of new employees is one of the most actual problems personnel management. Its importance is emphasized by the fact that "adaptation" is a medical term that means habituation. The productivity and quality of work of employees, the psychological climate and the state of interpersonal relationships will depend on how successful the adaptation will be. Adaptation is a kind of indicator for evaluating work on the search, selection and selection of personnel.

The adaptation of new employees in enterprises is usually considered in two aspects: as labor and as social adaptation.

Labor adaptation implies adaptability to work. As a result of labor adaptation new employee learns the specifics of work on this enterprise. In the course of social adaptation, a new employee declares himself as a person and takes his place in the system of informal groups at a given enterprise.

The level distinguishes between primary (for persons who do not have work experience) and secondary adaptation, and according to the orientation - professional, psychophysiological and socio-psychological.

Professional adaptation is an analogue of labor adaptation, and social adaptation is divided into psycho-physiological and socio-psychological.

Professional adaptation consists in the active development of the profession, its subtleties, specifics, necessary skills, techniques; ways of making decisions to start with in standard situations. It begins with the fact that after finding out the experience, knowledge and character of the beginner, they determine the most appropriate form of training for him, for example, send him to courses or attach a mentor.

The complexity of professional adaptation depends on the breadth and variety of activities, interest in it, the content of work, the influence of the professional environment, and the individual psychological properties of the individual.

Psychophysiological adaptation It does not pose any particular difficulties to the working conditions, work and rest regime, proceeds quite quickly and to a large extent depends on the health of the person, his natural reactions, the characteristics of these conditions themselves. Nevertheless, most accidents occur in the first days of work precisely because of its absence.

Socio-psychological adaptation is an adaptation to the team and its norms, to management and colleagues, to economic realities. It can be associated with considerable difficulties, which include deceived expectations of quick success, due to the underestimation of difficulties, the importance of live human communication, practical experience and the overestimation of the value of theoretical knowledge and instructions.

In addition to adapting a person to work, the opposite is also necessary today - adaptation of work to the person. It involves: organization of workplaces in accordance with the requirements of ergonomics; flexible regulation of the rhythm and duration of working time; building the structure of the organization (subdivision) and the distribution of labor functions and specific tasks based on the personal characteristics and abilities of employees; individualization of the incentive system.

In the process of adaptation, the employee goes through several stages. At the first stage, there is a general acquaintance with the situation and adaptation (addiction, assimilation of stereotypes). The second stage is assimilation, i.e. complete fit. Finally, at the final, third stage, identification occurs - the identification of personal goals with the goals of the team.

An approximate order of adaptation looks like in the following way:

Familiarization with the company, its features, internal labor regulations, etc.;

Ceremony of introduction to the team, familiarization with the workplace;

Conversation with the leader;

Familiarization with social benefits and incentives;

Fire safety and safety briefing;

Training according to a special program;

Work at your workplace.

Often, in the process of adaptation, conformal or conventional behavior of the employee is manifested. Conformal behavior is manifested as a person maintaining his status by adapting to the attitudes of other people. At the same time, the range of conformal behavior ranges from forced recognition of alien norms and values ​​to unprincipled conciliation. Conventional behavior can be thought of as a permanently renewed system of compromises.

During the adaptation process, the following should be achieved:

Feeling of involvement in the affairs of the enterprise, firm;

Correct understanding of your tasks, official duties;

Development of skills to perform their duties;

High level motivation to work;

Interest in improving the affairs of the enterprise, firm;

Understanding your role in the success of the company.

In the process of adaptation, a new employee should be smoothly introduced into his activity, situations that could negatively affect the employee’s entry into the work rhythm of the team, unforeseen difficulties associated with overloads, lack of information, etc. should be excluded. Therefore, adaptation management should be expressed in the active influence on the factors that determine its course, timing and reduction of adverse impacts.

Adaptation problems can also arise for employees who have been working at the enterprise for a long time. Typically, these problems arise when employees are moved to positions. Such adaptation is called secondary. Usually it passes faster and easier than the initial adaptation.

In this regard, it seems appropriate to allocate a subdivision (or specialist) for adaptation management as part of the personnel management service.