home Sample Documents What is the place of work of the employee. Place of work - a mandatory or additional condition

What is the place of work of the employee. Place of work - a mandatory or additional condition

AT employment contract place of work is required. Organizations often overlook this provision of the law and do not indicate anything in the contract. At the same time, the legislator does not specify what to refer to the place of work or the organization itself or its location. Might be worth pointing out structural subdivision. Let's try to deal with this issue, taking into account the practice of labor relations and the position of the judiciary.

The content of the employment contract regarding the place of work

The main content of the employment contract (TD) is its conditions, which the legislator divides into mandatory and additional. In part 2 of Art. 57 Labor Code The Russian Federation lists the conditions that are mandatory for inclusion in the contract. In the previous edition, they were called essential.

When should you change your employment contract?

Replacing the term " essential conditions” to “mandatory” is quite legitimate. This is the term "essential" in relation to all the conditions contained in Part 1 of Art. 57 of the Labor Code of the Russian Federation (in the previous edition), did not correspond to the ideas. The concept of “essential terms of the contract” that prevailed in legal science was different.

The condition of the place of work is one of mandatory conditions labor contract, without the definition of which this document cannot be considered concluded. Moreover, in some cases, the condition on the place of work is decisive when establishing the type of contract (contract on home work, remote work).

At the same time, the Labor Code itself does not specify what should be understood by this term. There is also no consensus among Trudovik lawyers on this matter.

The place of work is considered:

the organization itself
its legal or actual address,
the name of the structural unit in which the employee is admitted,
his office number.

In addition, in the Labor Code of the Russian Federation itself, the phrase "place of work" is mentioned in different meanings.

Legislative norms on the place of work in the employment contract

When sending an employee on a business trip, he is guaranteed the preservation of the place of work (position) (Article 167 of the Labor Code of the Russian Federation).

The employer is obliged to release the employee from work with the preservation of his place of work (position) for the duration of his performance of state or public duties (part 1 of article 170 of the Labor Code of the Russian Federation).

Theme of the issue

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In turn, a permanent or temporary change in the structural unit in which the employee works is recognized as a transfer to another job. If it is specified in the contract, along with a change in the labor function (h. 1 st. 72 1 TC RF).

Transfer to another unit in this case will be possible only with the written consent of the worker. Provided if only it is not associated with organizational or technological changes. It is necessary to distinguish between the concepts of "place of work" and " workplace". The definition of the concept of "workplace", in contrast to the term "place of work" is given in the law.

The workplace is the place where the employee should be or where he needs to arrive in connection with the performance of the labor function and which is under the control of the employer (Article 209 of the Labor Code of the Russian Federation).

The workplace, as well as the structural unit, if desired, can be indicated in the TD (part 4 of article 57 of the Labor Code of the Russian Federation).

The place of work of distance workers in the employment contract

Under the contract, the employee will work remotely from home. Do I need to include my home address in my employment contract?

It makes no sense to specify the workplace of a remote worker. Moreover, it is not necessary to stipulate in the TD the place (s) where the remote worker will work. Because in some cases tax authorities may regard this as the creation of a separate structural unit of the company (paragraph 20, paragraph 2, article 11, paragraphs 1, 4, article 83 of the Tax Code of the Russian Federation).

No, it is impossible to formulate a condition on the place of work in an employment contract in this way. The place of work cannot be the whole region. The name of the organization is indicated as the place of work and locality in which it is located. It is allowed not to indicate the exact address of the place of work. If an employee is hired by a branch or a separate structural unit located in another area, then this unit and its location must be indicated. In the situation under consideration, the employment contract should indicate the name of the employer and the locality in which he is located, and include in the employment contract a condition on the traveling or mobile nature of the work.

Is it possible to indicate objects under construction in the employment contract in the paragraph “place of work”?

But sometimes these 11 months are not so worked out.< … Сверьте зарплаты работников с новым МРОТ С 01.05.2018 размер федерального МРОТ составит 11 163 рубля, что на 1 674 рубля больше, чем сейчас. А это значит, что работодатели, оплачивающие труд своих работников по минималке, должны с 1 мая поднять им зарплаты.

Attention

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But be careful: the procedure for paying for "children's" sick leave has remained the same!< …

Place of work in the employment contract

The Employee's facilities are the Employer's facilities under construction located in the Republic of Crimea.2. is it possible in the paragraph of the terms for the issuance of wages not to write specific dates, but to write - Salary The employee is paid twice a month in the manner and on the days established by the collective agreement, the Rules work schedule, other local regulations of the Employer.3. Our employees work on piecework wages. Is it possible to prescribe in the employment contract in the paragraph wages not rates, but wages in accordance with the established and approved rates according to the list in the appendix, which the employee was familiarized with during employment? Answer The answer to question 1: Is it possible in the employment contract in the paragraph "place of work" for builders not to write a specific city, but to write - The Worker's place of work is the Employer's facilities under construction located in the Republic of Crimea.

"place of work" in the employment contract

The work has a traveling character if the performance of labor duties involves regular trips within the serviced territory (areas) with the possibility of daily return to the place of residence. The mobile nature of work is a mode of work with frequent relocation of the organization (relocation of employees) or isolation from the permanent place of residence, in which the employee does not always have the opportunity to return to his place of residence every day. In this case, all referrals of employees to a particular facility under construction will be registered as business trips, which are not business trips.

These trips are included labor function employee and do not require his consent.

Info

In a collective agreement or in a local normative act, for example, in an order, the employer may provide for a specific list of positions with a traveling (mobile) nature of work (part 2 of article 168.1 of the Labor Code of the Russian Federation). It can include employees official duties which includes occasional travel and relocation. Lump sum in the collective agreement or in local act need to be determined: The amount and procedure for reimbursement of expenses can also be prescribed in employment contracts with specific employees.

For the period of the trip, employees are paid a salary, and not the average earnings. As documents confirming the production nature of trips, movements (destinations, goals), you can use travel logs, route sheets, etc.

Place of work in the employment contract for builders

The exercise by the employer of the rights and performance of obligations associated with his name cannot be made dependent on the provisions of the employment contract and cannot require agreement with the employee. Thus, indicating the name of the employer organization as the place of work, in the opinion of the author, will not lead to the inclusion of this information in the terms of the employment contract. However, despite the foregoing, the courts very often conclude that it is necessary to indicate the name of the employer when determining the condition on the place of work.
Moreover, if in some court decisions this information seems to be only one of the elements of the condition on the place of work * (18), then in other cases the judges consider the indication of the name of the employer itself sufficient to determine this condition * (19).

There is also a position in the courts, according to which the name of the employer is precisely one of the information about the parties to the employment contract, but not its condition * (16). The senselessness of indicating the name of the employer as a condition of the employment contract is also determined by the fact that, according to the author, such a name in any case cannot be considered a condition of the employment contract agreed by the parties. As follows from the norms of the Labor Code, an employment contract regulates precisely labor Relations between the employee and the employer * (17).

The obligation of organizations to have a name and the right (and in some cases, an obligation) to change it are established by civil law and are outside the scope of labor relations.
A mandatory condition of the employment contract is the place of work. An employee changes his job depending on the change in the construction site - today at one site, a month later at another. How to indicate the place of work in the employment contract in this case? In accordance with Art. 57 of the Labor Code of the Russian Federation, the employment contract must indicate the place of work, and in the case when the employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location. Despite the fact that this article does not contain a definition of the concept of "place of work", in our opinion, it differs from the concept of "workplace".
And if by location it is really logical to understand the specific address of the structural unit in which the employee works, then the place of work in this case should be determined with a lesser degree of localization. The possibility of indicating the place of work without mentioning a specific address also follows from the third part of Article 72.1 of the Labor Code. The wording of this norm allows us to conclude that the legislator allows for the possibility that the movement of an employee from a particular employer to another workplace or to another structural unit located in the same area will not entail a change in the terms of the employment contract determined by the parties * (10). Thus, in the general case, the indication in the employment contract as the place of work of a specific address at which the employee performs his labor function is not mandatory.
The Labor Code of the Russian Federation refers to additional working conditions, and the law does not require its mandatory approval in the text of the employment contract. If jobs (in the form of a list of objects) are established in an employment contract, then the employer will no longer be able to change it unilaterally. The consent of the employee and the execution of a written agreement on amendments to the employment contract will be required (Art.
72 of the Labor Code of the Russian Federation). In our opinion, with the traveling or mobile nature of work in the employment contract, it is necessary to stipulate a certain territory within which the employee performs his functions, for example, the region. The boundaries of the territory or the list of such territories are determined solely by the parties (the employee and the employer), the law does not limit them in any way.
As seen, Supreme Court The Russian Federation also considered the inclusion of this information in the condition of the place of work necessary. In this regard, in order to avoid possible disputes and claims from the inspection authorities, the author believes that mentioning the name of the employer when determining the place of work of the employee is appropriate, especially since, as mentioned above, this does not entail any legal consequences. Thus, in the opinion of the author, when formulating a condition on the place of work in an employment contract, the parties should indicate the following information: 1) the name of the employer; 2) the area in which the employee will actually perform his labor function. the following form: "The employee's place of work is Romashka LLC (Moscow)".

One of the mandatory conditions that must be written in the employment contract when concluding an agreement to start cooperation is an indication of the place of work.

This item has nothing to do with the workplace, so when writing it, you should take into account the presence of nuances that affect this item. For organizations that have legal address coincides with direct jobs, there are no difficulties in filling this line. But what if the company is a branch or division? How to correctly enter information for remote employees or for those who have a traveling nature of work? The employer must know all this, because he does not tolerate errors and inaccuracies.

Name of the employing organization

Is it necessary to indicate the name of the employing organization again when describing the place of work? This point is also interpreted in two ways. On the one hand, of course, it makes sense in the specified line to start with the name of the organization, then indicate the name of the structural unit and complete everything by indicating the exact address. On the other hand, such a tautology is absolutely meaningless, because the legal name was declared at the very beginning of the contract, and the place of work cannot be provided by another legal entity.

Labor legislation allows the employer to decide for himself how to act in this situation.

There is no indication that doing this is mandatory or that this approach is prohibited. It is better for an organization to overdo it a little with clarifications than to understate the obvious. For this reason, in order to avoid certain inaccuracies, it is better to make step by step description places of work, starting with the name of the employer.

Place of work in a separate division

When the organization is both the head office and the place of work of the hired employee, it is not necessary to make clarifications on the location in the clause of the contract at the same time. But if a hired person will perform his duties in another unit, workshop, warehouse or office, then clarifications on his location will be required in any case. This is clearly stated in Article 57 of the Labor Code of the Russian Federation.

Despite the fact that labor legislation requires specifying the structural unit in which the employee is admitted and where he will directly perform his work duties, there are no references to the fact that it is necessary to indicate the address of the building without fail in the article. Only the need to clarify the location is stipulated.

When registering an employee in one of the structural divisions, it is recommended to follow the following order of describing his belonging:

The name of the employer's organization.
The name of the structural unit.
Location.

This information might look like this:

LLC LUKOIL-ENERGOSETI, Astrakhanenergoneft, Astrakhan.

Representative office and branch

When sending an employee to one of the branches of the company or its representative office, it is understood that he will work in the company, but its location is different from the location of the head office. AT large companies branches and representative offices can be both in the territory Russian Federation, as well as beyond. This case requires mandatory clarification in the contract, as it can cause misunderstanding, and is interpreted as withholding information from a hired person. When signing an agreement, a citizen must be clearly aware of what obligations he assumes and where he will fulfill them.

If the representative office is located in another federal district or even outside the country, then its location should be specified as accurately as possible.

Company name.
Name of the branch or representative office.
Federal district of the Russian Federation or country (if we are talking about another state).
City.

A specific address can be specified or not as desired.

Place of work for certain categories of workers

It is not so difficult to understand the intricacies of the correct indication of the place of work for permanent stationary employees. But what if the very nature of the work involves constant movement?

In modern realities, there are many professions that, by the nature of their activities, are not required to appear in the office, and if they do, they are infrequent and stay in the room for an extremely short time.

These professions include:

Couriers.
Drivers.
Forwarders.
Merchandisers.
Remote employees.

They move from one operating point to the other and on each of them they spend, or even just a few minutes. How to fill in the column of interest to us in the agreement in this case?

For couriers, drivers

The employer should not be afraid of the incomprehensibility of the issue when hiring a courier, driver, freight forwarder or other employee whose work must take place outside the office. In this case, the location of the office itself, as well as the city in which it is located, should be indicated in the working agreement. There will be no conflicts with legislative norms if the terms of execution are written in a separate line in the agreement.

For different professions, the conditions will be set out in different ways:

In the agreement with the courier, it should be stated that he is supposed to have a traveling nature of work.
For drivers and freight forwarders, it is necessary to indicate that their duties will be performed on the way.

The wording may vary, but the main thing is not to forget to make such clarifications in the documents.

For remote workers

Remote employees may not show up at the office. They are given tasks remotely, and the work is accepted in the same way. They appear in the office once when they are employed. What should the employer do in this case?

AT last years this issue has risen most acutely, as more and more companies prefer to transfer part of their employees to remote work.

Such employment reduces part of the cost of organizing jobs and technical support hired persons, moreover, it allows the employee to vary his day and complete tasks at a convenient time for him.

For several years, there have been lively debates about how to properly employ such employees and what to indicate on the line about the place of work. To date, the answer to these questions has not only been received, but also enshrined in the Labor Code of the Russian Federation. Article 312 of the Labor Code states that for remote workers, the place of work is considered to be the location of the office of the company in which he was accepted. And where the person himself will be, does not matter. At the same time, it is necessary to indicate in the agreement that the hired person works remotely or. This clarification can be made both in a fixed-term contract and in an agreement without a term, for permanent employees or those who work part-time.

Job change cases

Long-term interaction of the parties may lead to the fact that working conditions will change. The point about the location of the place of work is also subject to change. Changes are possible if an employee, on his own initiative or at the will of the employer, is transferred to another branch or city, within the same company. Do not forget that the agreement itself is a bilateral document that was signed with the good will and consent of both members of the labor interaction. Accordingly, all changes to it are also made through bilateral agreement. If the employer intends to transfer the employee to another branch and change the information specified in the agreement, then he is obliged to notify the hired person about this.

When it comes to changing the employer a priori, then we are not talking about changes. In this case, the citizen leaves one organization, breaking off relations with the previous employer, and enters into new ones. And the new employer prescribes all working conditions in the contract, including the place of work.

Registration procedure

If it becomes necessary to change information about the place of work, the employer is obliged to follow the following procedure:

Prepare a written notice of changes to this clause of the agreement.
Hand the notification to the employee at the workplace or send him the document by registered mail.
Get a written response from the employee.

The hired person may agree to the transfer to another office or refuse it. He expresses his opinion in writing on the notification received, with the words “agree” or “disagree”.

Further actions of the employer depend on the consent of the other party. If it is received, it is prepared supplementary agreement with clarification of changes. In case of disagreement, the employee continues to work in the same mode and at the same place.

How to fill out the documentation correctly?

The text of the contract should contain extremely clear information about the place of work of the person, including with a remote worker employed in accordance with the norms of Article 312.2 of the Labor Code of the Russian Federation. Therefore, it is permissible to enter in this paragraph what most accurately reflects the characteristics of this parameter.

The information may be as follows:

Sometimes circumstances allow otherwise. An approximate wording of an employee record might be as follows:“The employee undertakes to fulfill the duties of a seller in the children's clothing department, branch No. 3 of the Raduga store, located at: st. Kotovsky, d. 148.

IMPORTANT: If in some cases the unit or branch is located outside the territory of the employer, the address of the location is indicated.

It is assumed that the driver, freight forwarder or courier does not serve a shift at the workplace. In these cases, the head office or division to which the employee is attached by the nature of his activity is indicated as the place of work.

For example: "warehouse finished products No. 3 at the address: pr. Dzerzhinsky building. 127/3". The next step is to include the wording "with traveling nature of work in the city and region".

In what case is it indicated in the employment contract variable place of work? With the shift method of labor, the place where the employee will perform labor duties during the shift period is indicated, in accordance with article 297 of the Labor Code of the Russian Federation.

For example, if the head office construction company is located in Moscow, and the employee goes on a shift to the Tyumen region, you can write: “Surgut branch, at the address: Langepas, st. Lenina, d. 21.

If we are talking about a driver, then it is indicated that the nature of the work is traveling and the degree of remoteness from the address specified as a workplace is formulated. For example, "within the city of Langepas and the Surgut district of the Tyumen region."

If shift workers are deployed from one place to another, for example, they are building an oil pipeline, then the record needs to be built a little differently. The place of work is indicated as the head office or branch, depending on the greater reliability, and then it is indicated: "with a mobile nature of work."

When is a variable place of work indicated? If the distance from the main office is significant, then the place of work at which the employer is registered should be recorded, and the rest should be indicated in the conditions and nature of work. For example: "with work on a rotational basis, in the conditions of the Far North".

In this case, the next paragraph should indicate compensation payments, which are provided for harmfulness, dangerous conditions and conditions of remoteness. Providing guarantees and compensations relies on the norms of articles 170, 187 of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation, Article 170. Guarantees and compensations for employees involved in the performance of state or public duties

The employer is obliged to release the employee from work with the preservation of his place of work (position) for the period of his performance of state or public duties in cases where, in accordance with this "Code" and other federal "laws", these duties must be performed during working hours.

The state body or public association that involved the employee in the performance of state or public duties, in the cases provided for by part one of this article, shall pay compensation to the employee for the time of performance of these duties in the amount determined by this Code, other federal laws and other regulatory legal acts of the Russian Federation or by the decision of the relevant public association.

Labor Code of the Russian Federation, Article 187. Guarantees and compensations to employees sent by the employer to professional education or additional professional education, for passing independent evaluation qualifications

When an employer sends an employee to vocational training or additional vocational education, to undergo an independent assessment of qualifications for compliance with the provisions professional standard or qualification requirements, established by federal laws and other regulatory legal acts of the Russian Federation (hereinafter - an independent assessment of qualifications), with a separation from work, he retains his place of work (position) and "average wage» at the main place of work. Employees sent for vocational training or additional vocational education, for an independent qualification assessment with a break from work in another area, are paid travel expenses in the manner and amount that are provided for persons sent on business trips.
When an employer sends an employee to undergo an independent qualification assessment, payment for such an assessment is carried out at the expense of the employer.

ATTENTION: Any non-inclusion in the contract of conditions that worsen the position of the employee may be considered a violation labor law.

Below is an example of filling out the “place of work” clause in an employment contract:

Disciplinary sanctions

What if in an employment contract place of work not specified?

In addition to problems with State Inspectorate according to work, an employer who does not indicate the specific parameters of the workplace receives additional inconvenience. A person who is absent from the workplace cannot be subject to disciplinary action.

To impose a penalty, it is required to draw up an act on the absence of a truant at the workplace within 4 hours. The basis for drawing up such an act is the condition of the employment contract signed by the parties.

If there is no indication of where the employee spends his working day, the act will not enter into legal force. In this case, an unscrupulous employee has the right to recover from the employer in court for the illegal drawing up of an act, if this led to penalties for the truant or his dismissal.

Therefore, persons with a mobile or traveling nature of work are required to indicate this condition of the nature of the work additionally. In this case, the disruption of delivery or other violation states the fact of non-fulfillment of one's obligations to the employer.

REFERENCE: If an error is discovered, if the nature of work or the address of the office is changed, construction site etc. - it is required to draw up an additional agreement, an annex to the employment contract.

Watch a video on this topic:

Conclusion

The employer needs to distinguish between the concept of a workplace and a place of work in order to correctly enter the required information into an employment contract. Mistakes can lead to unpleasant legal consequences.

When concluding an employment contract with an employee, the question often arises of what exactly to indicate in the “Place of work” column. Labor Code does not give an answer to this question, but, on the contrary, confuses the employer, since in different articles Code The concept of "place of work" is used in various senses.

The employment contract must necessarily indicate the place of work, and in the case when the employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location (Part 2 article 57 of the Labor Code of the Russian Federation). Note that this requirement applies to all cases of employment contracts. In particular, the parties are obliged to determine the condition on the place of work and when concluding an employment contract on remote work (letter of Rostrud dated 07.10.2013 No. PG / 8960-6-1 (hereinafter - Letter No. PG / 8960-6-1)).

At the same time, the legislator does not specify exactly what meaning he puts into the term "place of work". Moreover, it follows from the content of the Labor Code that in its various norms this concept is used in various senses. So, for example, in articles 72.2, 73, 114, 121, 167, 170, 187, 212, 219, 220, 256 of the Labor Code, the place of work is understood as the position occupied by the employee, in articles 64, 325 - the employer, and in the article 297 - the place where the employee performs the labor function.

Thus, the complexity of the problem of interpreting the term "place of work" as a condition of an employment contract lies not only in the absence of any explanations of the legislator on this issue directly in Article 57 of the Labor Code, but also in the impossibility of using other norms of labor legislation to explain this term due to the lack the legislator has any unified approach to the definition of this concept.

"Place of work" from the point of view of the Supreme Court of the Russian Federation

The question of what should be understood by the place of work, about which in question in Article 57 of the Labor Code, was mentioned in the review of the Supreme Court of the Russian Federation of the practice of considering by courts cases related to the implementation of labor activities by citizens in the regions of the Far North and areas equivalent to them (approved by the Presidium of the Supreme Court of the Russian Federation on February 26, 2014 (hereinafter referred to as the Review)). As the Supreme Court of the Russian Federation pointed out, in theory labor law the place of work is understood as a specific organization located in a certain locality (settlement), its representative office, branch, other separate structural unit.

At the same time, speaking about the understanding of this term, which has developed in the theory of labor law, the Supreme Court of the Russian Federation clearly loses sight of the fact that so far not a single, or even prevailing approach to the interpretation of the term "place of work" has been formed. Experts mainly come to an agreement only that the concepts of "place of work" and "workplace" are not identical (determinations of the Sverdlovsk Regional Court dated September 18, 2012 No. 33-11596/2012, Tula Regional Court dated February 9, 2012 No. 33-380, Amur Regional Court dated January 19, 2011 No. 33-281/11). This conclusion follows both from the very wording of the norm of part two of Article 57 of the Labor Code, and from part four of the same article, according to which the condition of the workplace is additional and is included in the employment contract only by agreement of the parties. And since the legislator understands the workplace as the place where the employee should be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (Article 209 of the Labor Code of the Russian Federation), the “place of work” should mean something else. However, on the question of what exactly this “other” is, there is no unanimous opinion in the theory of labor law.

The wording used by the Supreme Court of the Russian Federation also does not allow one to conclude with certainty whether the judges themselves adhere to the point of view voiced by them. However, the inclusion of this thesis in the Review, in our opinion, still suggests that the Supreme Court of the Russian Federation itself considers it fair.

Thus, in accordance with the position of the Supreme Court of the Russian Federation, the condition on the place of work in the employment contract should actually consist of two elements:

the name of the employing organization;
indication of the area in which such an organization is located. At the same time, the locality is understood as a settlement within the existing administrative-territorial division (clause 16 of the post. Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2).

Note that a similar approach to the definition of the term "place of work" was encountered in judicial practice and earlier (decision of the Central District Court of Novosibirsk dated November 11, 2013 No. 2-2091/2013).

Indication in the employment contract of the area as the place of work

The indication of the location as a place of work really seems necessary, which is confirmed by the analysis of articles 72 and 72.1 of the Labor Code. So, in accordance with the first part of Article 72.1, a transfer to work in another locality, together with the employer, is a transfer to another job. And as follows from Article 72, transfer to another job is a special case of changing the terms of the employment contract determined by the parties. Thus, the transfer of an employee to another locality should entail a change in the terms of the employment contract. And since, by default, transferring to work in another locality involves changing only the locality itself, it should be concluded that a certain locality should initially be indicated in the employment contract. Some courts also come to the conclusion that it is necessary to indicate a certain area as a place of work (determination of the Rostov Regional Court dated 08.12.2011 No. 33-16435).

At the same time, in our opinion, in some cases it will be incorrect to indicate in the employment contract as the place of work the area in which the organization or its structural unit is located, for which the employee is hired. Thus, we consider it unacceptable to define the place of work in situations where the employee labor activity in a locality in which not a single structural unit of the employer has been created (for example, when working remotely). The legal meaning of including a condition on the place of work in an employment contract, in our opinion, is to protect the interests of the employee in terms of his right to work in a certain territory convenient for him, as well as to provide legal guarantees related to work in a certain area. Thus, the area in which the employee actually carries out his labor activity should be indicated as the place of work. Otherwise, the achievement of the above goals would not be possible. In favor of this point of view, one can also cite the explanations of the Ministry of Finance of Russia, given by it jointly with the Ministry of Labor of Russia (letter of the Ministry of Finance of Russia dated 08/01/2013 No. 03-03-06/1/30978), and the above-mentioned letter of Rostrud No. one.

When a specific address is indicated in the employment contract as the place of work

We also note that some experts consider it insufficient to indicate only a certain area in an employment contract, expressing the opinion that it is necessary to specify the conditions for the place of work to the address at which the employee carries out labor activities. However, in our opinion, in the general case, the existence of a corresponding obligation does not follow from the content of the Labor Code.

This conclusion is based, in particular, on the wording of the very norm of the second paragraph of the second part of the second article 57 of the Labor Code, according to which the requirements for indicating the place of work in the employment contract change if the employee is hired in a separate structural unit of the organization located in other locality, and not at another address. In addition, in the case when an employee is hired to work in a separate structural unit of the organization located in another area, the place of work is determined with an indication of the separate structural unit and its location. The wording "place of work with indication of location", in our opinion, suggests that the concept of "place of work" should be broader than the concept of "location". And if by location it is really logical to understand the specific address of the structural unit in which the employee works, then the place of work in this case should be determined with a lesser degree of localization. The possibility of indicating the place of work without mentioning a specific address also follows from the third part of Article 72.1 of the Labor Code. The wording of this norm allows us to conclude that the legislator allows for the possibility that the movement of an employee from a certain employer to another workplace or to another structural unit located in the same area will not entail a change in the terms of the employment contract determined by the parties (definition of the St. court dated 06.06.2011 No. 33-8353).

Thus, in the general case, the indication in the employment contract as the place of work of a specific address at which the employee performs his labor function is not mandatory. This conclusion is also reflected in judicial practice (determination of the Bryansk Regional Court dated August 14, 2012 No. 33-2598/12). It should be noted that in this case, on the instructions of the inspector from the labor inspectorate, the employer had to indicate the missing condition in the employment contract with the employee, namely the place of work - a separate or structural unit and its location. But since all the separate divisions of the employer were located within the same locality (city), the court did not see the need to specify the address of the place of work.

At the same time, if an employee is hired to work in a separate structural unit located in another locality, it really seems necessary to indicate the specific address of this structural unit (determination of the Rostov Regional Court dated September 16, 2013 No. 33-11864). However, even if an employee is hired by a parent organization or a separate structural unit located in the same locality, the parties have the right to clarify the condition on the place of work before indicating the specific structural unit in which the employee is admitted and his location (part 4 of article 57 TC RF).

The legal address of the employer as a place of work

It should be noted that in courts, the thesis about the obligation of the parties to specify the place of work to a certain address often takes the form of an indication of the need to determine the place of work through the legal address of the employer (determinations of the Saratov Regional Court dated March 29, 2012 No. 33-1475 / 2012, the Tula Regional Court dated February 09 .2012 No. 33-380).

However, this statement, in our opinion, is incorrect due to the fact that not in all cases the employee actually works at the legal address of the employer. Consequently, such a definition of the place of work may lead to the fact that the terms of the employment contract will not reflect the objectively existing working conditions of the employee, which is unacceptable.

Name of the employing organization as the place of work

As for the question of indicating the name of the employer organization as the place of work, this seems to the author to be redundant. The name of the employer is already indicated in the employment contract as part of information about its parties (part 1 of article 57 of the Labor Code of the Russian Federation). And given that the obligation to provide the employee with work stipulated by the employment contract lies with the employer as on the side of labor relations, no other organization could in any case act as the employee's place of work. There is also a position in the courts, according to which the name of the employer is precisely one of the information about the parties to the employment contract, but not its condition (determination of the Rostov Regional Court of November 18, 2013 No. 33-14738).

The senselessness of indicating the name of the employer as a condition of the employment contract is also determined by the fact that, according to the author, such a name in any case cannot be considered a condition of the employment contract agreed by the parties.

As follows from the norms of the Labor Code, the employment contract regulates precisely the labor relations between the employee and the employer (part 1 of article 9 of the Labor Code of the Russian Federation). The obligation of organizations to have a name and the right (and in some cases, an obligation) to change it are established by civil law and are outside the scope of labor relations. The exercise by the employer of the rights and performance of obligations associated with his name cannot be made dependent on the provisions of the employment contract and cannot require agreement with the employee. Thus, indicating the name of the employer organization as the place of work, in the opinion of the author, will not lead to the inclusion of this information in the terms of the employment contract.

However, despite the foregoing, the courts very often conclude that it is necessary to indicate the name of the employer when determining the condition on the place of work. Moreover, if in some court decisions this information is presented as only one of the elements of the condition on the place of work (determinations of the Astrakhan Regional Court dated April 15, 2014 No. 33-1128/2014, the Chelyabinsk Regional Court dated April 8, 2014 No. 2013 No. 11-10096 / 2013), then in other cases, the judges consider the indication of the name of the employer itself sufficient to determine this condition (determination of the Astrakhan Regional Court dated September 29, 2010 No. 33-2650 / 10).

As can be seen, the Supreme Court of the Russian Federation also considered the inclusion of this information in the condition of the place of work necessary. In this regard, in order to avoid possible disputes and claims from the inspection authorities, the author believes that mentioning the name of the employer when determining the place of work of the employee is appropriate, especially since, as mentioned above, this does not entail any legal consequences.

the name of the employer;
the area in which the worker will actually perform his labor function.

In the general case, the wording of the relevant condition may look something like this: "The employee's place of work is Romashka LLC (Moscow)".

If the employee is accepted for work in separate subdivision organization located in another locality, then when determining the conditions for the place of work, the parties should indicate the name of the employer, the structural unit and its address: "The employee's place of work is a branch of Romashka LLC, located at Perm, Stroiteley St., d. fifteen".