home Exchange rates An employment contract is a contract with an employee. Employment contract with employee

An employment contract is a contract with an employee. Employment contract with employee

An employment contract with an employee is concluded in writing in two copies: one remains with the employer, the second is given to the employee. The employer's copy must bear the signature of the employee who received the contract.
The law does not establish the mandatory assignment of numbers to employment contracts, but their numbering can be introduced by the employer’s decision to facilitate accounting. Placing a stamp in an employment contract is also not required by law.
You can download a sample contract from the link: .

IN mandatory, the employment contract must contain information required by law. If they are not in the contract, then it is considered invalid. The employer can add additional conditions to the contract, but these additions should not worsen the employee’s position.

Prerequisites employment contract

Full name of the employee;
name of the employer-organization or full name of the individual entrepreneur;
information about the person who signed the employment contract on behalf of the employer (his representative);
passport details of the employee and employer-individual entrepreneur;
TIN (if available);
place and date of conclusion of the contract;
place of work (if an employee is accepted into a branch, it is necessary to indicate the division and address of the branch location);
position in accordance with the staffing table (if the position is not included in staffing table, then indicating it in the contract is unacceptable);
work start date;
the completion date of the work if the contract is fixed-term (the absence of a validity period in the contract means that it is indefinite); terms of remuneration (salary, additional payments, allowances, bonuses, other incentive payments);
working hours and rest schedule;
guarantees and compensation when working under harmful and dangerous working conditions (if the employee is hired for such work);
working conditions in the workplace;
condition on compulsory social insurance.

EMPLOYMENT AGREEMENT No.

______________ Sample “_____”____________ 2020

___________________________Vesna LLC ___________________________________ in person d director _______________________Full name ____________________, acting on the basis ____________________ Charter of Vesna LLC ___________________, hereinafter referred to as
« Employer", on the one hand, and gr.________________________________________________,
passport: series ________, No. ________, issued by ________________________, residing at the address: ________________________________________________, hereinafter referred to as “ Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The employee is hired by the Employer to perform work in the position of ________________________ in ________________________.

1.2. The employee is obliged to start work on “___” _____________ 201__.

1.3. This employment contract comes into force from the moment it is signed by both parties and is concluded for an indefinite period.

1.4. The work under this agreement is the main one for the Employee.

1.5. The Employee’s place of work is _________________________________ at the address: ________________________________________________.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee reports directly to the General Director.

2.2. The employee is obliged:

2.2.1. Perform the following job responsibilities: ________________________________________________.

2.2.2. Comply with the internal rules established by the Employer labor regulations, production and financial discipline, conscientious attitude to the fulfillment of their job responsibilities specified in clause 2.2.1. this employment contract.

2.2.3. Take care of the Employer’s property, maintain confidentiality, and not disclose information and information that is a trade secret of the Employer.

2.2.4. Do not give interviews, conduct meetings or negotiations regarding the activities of the Employer without the permission of its management.

2.2.5. Comply with labor protection, safety and industrial sanitation requirements.

2.2.6. Contribute to the creation of a favorable business and moral climate at work.

2.3. The employer undertakes:

2.3.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (work) not stipulated by this employment contract only in cases provided for by the labor legislation of the Russian Federation.

2.3.2. Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.

2.3.3. Pay the Employee in the amount established in clause 3.1. this employment contract.

2.3.4. Pay bonuses and remuneration in the manner and on the terms established by the Employer, provide financial assistance taking into account the assessment of the Employee’s personal labor participation in the Employer’s work in the manner established by the Regulations on Remuneration and other local acts Employer.

2.3.5. Carry out compulsory social insurance for the Employee in accordance with the current legislation of the Russian Federation.

2.3.6. Pay for training, if necessary, in order to improve the Employee’s qualifications.

2.3.7. Familiarize the Employee with labor protection requirements and internal labor regulations.

2.4. The employee has the following rights:

The right to provide him with the work specified in clause 1.1. this employment contract;

The right to timely and full payment wages;

The right to rest in accordance with the terms of this employment contract and legal requirements;

Other rights granted to employees by the Labor Code of the Russian Federation.

2.5. The employer has the right:

Encourage the Employee in the manner and amount provided for by this employment contract, the collective agreement, as well as the conditions of the legislation of the Russian Federation;

Bring the Employee to disciplinary and financial liability in cases provided for by the legislation of the Russian Federation;

Exercise other rights granted to him by the Labor Code of the Russian Federation.

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is given a salary in the amount of ________ rubles per month.

3.2. When performing work of various qualifications, combining professions, working outside normal working hours, at night, on weekends and non-working hours holidays etc. The employee receives the following additional payments:

3.2.1. Work on weekends and non-working holidays is paid double.

3.2.2. An employee who performs for the same employer, in addition to his main work, stipulated by the employment contract, extra work in another profession (position) or acting as a temporarily absent employee without release from his main job, an additional payment is made for combining professions (positions) or performing the duties of a temporarily absent employee in an amount determined additional agreement to this agreement.

3.2.3. Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. At the request of the Employee overtime work Instead of increased pay, it may be compensated by providing additional rest time, but not less than the time worked overtime.

3.3. Downtime due to the fault of the employer, if the Employee writing warned the employer about the beginning of the downtime, paid in the amount of at least two-thirds of the Employee’s average salary. Downtime due to reasons beyond the control of the employer and the Employee, if the Employee has warned the employer in writing about the start of downtime, is paid in the amount of at least two-thirds of the tariff rate (salary). Downtime caused by the Employee is not paid.

3.4. The conditions and amounts of payment of incentives by the Company to the Employee are established in the collective labor agreement.

3.5. The Employer pays wages to the Employee in accordance with the “Regulations on Remuneration” in the following order: ________________________________________________.

3.6. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

4. WORKING AND REST TIME REGIME

4.1. The employee is assigned a five-day working week of 40 (forty) hours. Weekends are Saturday and Sunday.

4.2. During the working day, the Employee is given a break for rest and food from ________ to ________ hour, which is work time does not turn on.

4.3. Work of the Employee in the position specified in clause 1.1. agreement is carried out under normal conditions.

4.4. The employee is granted annual leave of 28 calendar days. Vacation for the first year of work is granted after six months of continuous work in the Company. In cases provided for labor legislation, at the request of the Employee, leave may be granted before the expiration of six months of continuous work in the Company. Leave for the second and subsequent years of work may be provided at any time of the working year in accordance with the order of provision of annual paid leave established in this Company.

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

5. EMPLOYEE SOCIAL INSURANCE

5.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation.

6. WARRANTY AND COMPENSATION

6.1. During the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

7. RESPONSIBILITY OF THE PARTIES

7.1. In case of failure or improper performance by the Employee of his duties specified in this agreement, violation of labor legislation, the Employer’s internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.

7.2. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.

7.3. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused illegal actions and/or inaction of the Employer.

8. TERMINATION OF THE AGREEMENT

8.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.

8.2. The day of termination of the employment contract in all cases is the last day of work of the Employee. Except for cases when the Employee did not actually work, but he retained his place of work (position).

9. FINAL PROVISIONS

9.1. The terms of this employment contract are confidential and are not subject to disclosure.

9.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

9.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.

9.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation governing labor Relations.

9.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

in a person acting on the basis, hereinafter referred to as " Employer", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The employee is hired by the Employer to perform work in a position in.

1.2. The employee is required to start working in 2020.

1.3. This employment contract comes into force from the moment it is signed by both parties and is concluded for an indefinite period.

1.4. The work under this agreement is the main one for the Employee.

1.5. The Employee's place of work is at: .

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee reports directly to the General Director.

2.2. The employee is obliged:

2.2.1. Perform the following job responsibilities: .

2.2.2. Comply with the internal labor regulations established by the Employer, production and financial discipline, and conscientiously perform their job duties specified in clause 2.2.1. this employment contract.

2.2.3. Take care of the Employer’s property, maintain confidentiality, and not disclose information and information that is a trade secret of the Employer.

2.2.4. Do not give interviews, conduct meetings or negotiations regarding the activities of the Employer without the permission of its management.

2.2.5. Comply with labor protection, safety and industrial sanitation requirements.

2.2.6. Contribute to the creation of a favorable business and moral climate at work.

2.3. The employer undertakes:

2.3.2. Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.

2.3.3. Pay the Employee in the amount established in clause 3.1. this employment contract.

2.3.5. Carry out compulsory social insurance for the Employee in accordance with the current legislation of the Russian Federation.

2.3.6. Pay for training, if necessary, in order to improve the Employee’s qualifications.

2.3.7. Familiarize the Employee with labor protection requirements and internal labor regulations.

2.4. The employee has the following rights:

the right to provide him with the work specified in clause 1.1. this employment contract;
the right to timely and full payment of wages;
the right to rest in accordance with the terms of this employment contract and legal requirements;
other rights granted to employees by the Labor Code of the Russian Federation.

2.5. The employer has the right:

encourage the Employee in the manner and amount provided for by this employment contract, the collective agreement, as well as the conditions of the legislation of the Russian Federation;
bring the Employee to disciplinary and financial liability in cases provided for by the legislation of the Russian Federation;
exercise other rights granted to him by the Labor Code of the Russian Federation.

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is paid a salary in the amount of rubles per month.

3.2. When performing work of various qualifications, combining professions, working outside normal working hours, at night, on weekends and non-working holidays, etc. The employee is paid the following additional payments:

3.2.1. Work on weekends and non-working holidays is paid double.

3.2.2. An employee who performs for the same employer, along with his main work stipulated by an employment contract, additional work in another profession (position) or performing the duties of a temporarily absent employee without being released from his main job, is paid additionally for combining professions (positions) or performing duties of a temporarily absent employee in the amount determined by the additional agreement to this agreement.

3.2.3. Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. At the Employee's request, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

3.3. Downtime caused by the employer, if the Employee warned the employer in writing about the start of downtime, is paid in the amount of at least two-thirds of the Employee’s average salary. Downtime due to reasons beyond the control of the employer and the Employee, if the Employee has warned the employer in writing about the start of downtime, is paid in the amount of at least two-thirds of the tariff rate (salary). Downtime caused by the Employee is not paid.

3.4. The conditions and amounts of payment of incentives by the Company to the Employee are established in the collective labor agreement.

3.5. The Employer pays wages to the Employee in accordance with the “Regulations on Remuneration” in the following order: .

3.6. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

4. WORKING AND REST TIME REGIME

4.1. The employee is assigned a five-day working week of 40 (forty) hours. Weekends are Saturday and Sunday.

4.2. During the working day, the Employee is given a break for rest and food from one hour to one, which is not included in working hours.

4.3. Work of the Employee in the position specified in clause 1.1. agreement is carried out under normal conditions.

4.4. The employee is granted annual leave of 28 calendar days. Vacation for the first year of work is granted after six months of continuous work in the Company. In cases provided for by labor legislation, at the request of the Employee, leave may be granted before the expiration of six months of continuous work in the Company. Leave for the second and subsequent years of work may be provided at any time of the working year in accordance with the order of provision of annual paid leave established in this Company .

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

5. EMPLOYEE SOCIAL INSURANCE

5.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation.

6. WARRANTY AND COMPENSATION

7. RESPONSIBILITY OF THE PARTIES

7.2. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.

7.3. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and (or) inaction of the Employer.

8. TERMINATION OF THE AGREEMENT

8.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.

8.2. The day of termination of the employment contract in all cases is the last day of work of the Employee, with the exception of cases where the Employee did not actually work, but retained his place of work (position).

9. FINAL PROVISIONS

9.1. The terms of this employment contract are confidential and are not subject to disclosure.

9.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.

9.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

9.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

10. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Employer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

Worker Registration: Postal address: Passport series: Number: Issued by: By: Telephone:

11. SIGNATURES OF THE PARTIES

Employer _________________

Worker _________________

with an employee in a person acting on the basis, hereinafter referred to as " Company", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. is hired by the company as a ; for a position to perform job duties;

2. CONTRACT TERM

2.1. The contract is concluded between the Enterprise and the Employee for a period of one year and is valid from “” 2020 to “” 2020; For undefined period; for the duration of the work stipulated by this Contract (delete what is unnecessary).

3. GENERAL CONDITIONS OF THE CONTRACT

3.1. By concluding this contract, the Employee takes into account that the Company is a...

3.2. When performing his direct labor duties in accordance with this Contract, the Employee will proceed from the Charter (Regulations) of the Enterprise.

3.3. The employee reports directly to the manager, as well as to the Director of the Enterprise.

3.4. The employee is a full member labor collective The enterprise participates with a decisive vote in its activities general meeting(conferences).

3.5. An employee has the right to express a personal opinion on any issue of the Company’s activities.

3.6. The employee has the right, if necessary, to familiarize himself with the internal labor regulations of the Enterprise, the collective agreement and labor legislation.

3.7. The employee is guaranteed the unimpeded exercise of the right to form a trade union. Discrimination of the Employee in terms of time and rest time, wages and others essential conditions work due to his participation in a trade union is not allowed.

4. OBLIGATIONS OF THE PARTIES

4.1. The employee undertakes:

perform in accordance with your profession, specialty, qualification (position) following works: ;
during the contract period, achieve the following results;
conscientiously, timely, at a high professional level and accurately perform their job duties, comply with the internal labor regulations of the Company, use all working time for productive work, refrain from actions that interfere with other employees from performing their job duties;
take care of the safety of equipment, raw materials, finished products and other property of the Enterprise, as well as property of other employees;
timely and accurately execute the orders of the Director of the Enterprise and immediate supervisor;
by order of the Director of the enterprise, go on business trips;
not to disclose scientific, technical and other commercial and confidential information obtained during work without the consent of the immediate supervisor;
immediately notify the administration of the Enterprise about violations of production technology, failure to comply with labor standards, cases of theft and damage to the property of the Enterprise.

4.2. The enterprise undertakes:

provide the Employee with work in accordance with the terms of this Contract;
provide the Employee with the working conditions necessary for him to fulfill his duties under this Contract, including providing the employee with the necessary technical and material means in good condition;
equip workplace Worker with the following equipment;
provide the Employee with the following special clothing, special shoes and other means personal protection organize proper care of these products;
comply with labor legislation and labor protection rules;
ensure conditions of remuneration, norms of working time and rest time in accordance with this Contract and current legislation;
ensure the Employee’s improvement of qualifications and growth of professional skills through own funds during the year;
ensure the safety of personal property, tools, Vehicle employee on the territory of the enterprise;
provide a car for business trips or pay compensation when using a personal car for business purposes in the following order;
in the event of the death of the Employee or the onset of disability during the performance of work duties, continue to pay until the expiration of the contract to his family or to him an amount in the amount of the average earnings received by the Employee during work under the Contract;
ensure that implementation new technology and equipment did not worsen working conditions; take the necessary measures to protect the health and safety of the Employee when working with new technology and in new conditions.

All costs under this sub-clause are borne by the Enterprise.

5. REMUNERATION

5.1. Behind good faith performance labor duties during the monthly working hours, the Employee is guaranteed payment of an official salary (tariff rate) in the amount of rubles per month. The official salary (tariff) increases depending on the cost of living index determined by law.

5.2. An employee has the right to receive various allowances, additional payments, bonuses, and other remunerations based on the results of his activities in accordance with the remuneration system in force at the Enterprise.

5.3. The employee is established the following remuneration based on the results of work for the month (quarter) according to the following indicators and in the amount: .

5.4. The employee is paid a remuneration based on the results of work for the year in the amount of rubles.

6. WORKING TIME AND REST TIME

6.1. The employee is given a normalized (non-standardized) working day.

6.2. The monthly working hours are . Normal working hours should not exceed 8 (4) hours per day. A break for rest and food is not included in working hours. Overtime beyond the normal working day is paid at double the rate for each hour.

6.3. The start and end times of the working day, as well as breaks for rest and food, are determined by the Internal Labor Regulations of the Enterprise and orders of managers.

6.4. The normal working week should generally not exceed 41 (20.5) hours per week. Overtime beyond the normal working week is paid at double the rate for each hour. Days off are provided to the Employee in accordance with the internal labor regulations of the Enterprise.

6.5. It is allowed, as necessary, to overwork in excess of the normal working hours, but the duration of working hours during the accounting period (month) should not exceed the normal number of working hours (hours).

6.6. Night time is considered to be from 10 pm to 6 am. Night work is paid at time and a half.

7. VACATION

7.1. The employee has the right to annual basic leave of calendar days. Depending on his performance, he may be granted additional leave. TO annual leave paid material aid in the amount of rubles.

8. SOCIAL INSURANCE AND SOCIAL SECURITY

8.1. During the period of validity of the Contract, the Employee is subject to social insurance and social security in accordance with the current legislation on labor and social security.

8.2. In case of permanent loss of ability to work (disability) as a result of an accident at work, the employee is paid, in addition to the one established by law, a lump sum benefit in the amount of salary.

8.3. In case of disability due to illness or as a result of an accident not related to production, the Employee is paid a one-time benefit in the amount of salary.

8.4. In the event of the death of an Employee during the validity period of the contract, his family is paid in addition to the salary allowance established by law.

8.5. In case of temporary loss of ability to work, the employee is paid for the cost of medications and paid services medical institutions, at the rate of .

9. SOCIAL AND HOUSEHOLD SERVICES

9.1. Social services for the Employee are provided by the management of the Enterprise in accordance with the decision of the general meeting of the workforce and at the expense of funds allocated for these purposes.

9.2. The employee is provided with the following services and benefits: social services, not established by current legislation:

payment of a one-time benefit for annual leave in the amount of;
annual provision to the Employee and his family members of a voucher to a sanatorium or rest home with the employee paying a percentage of the cost of the voucher;
provision of an apartment to the Employee on the terms .

10. CHANGE, CONTINUATION AND TERMINATION OF THE CONTRACT

10.1. Changing the terms of the contract, its extension and termination is possible by agreement of the parties at any time.

10.2. Upon expiration of the Contract, it is terminated. This rule does not apply to cases where the employment relationship actually continues and neither party has requested its termination. In this case, the Contract is extended for the same period and with the same conditions.

10.3. The Contract is subject to early termination at the Employee’s initiative in the following cases:

his illness or disability preventing him from performing work under the Contract;
violations by the management of the Enterprise of labor legislation or this Contract;
other valid reasons;

10.4. The contract before its expiration may be terminated at the initiative of the Enterprise on the following grounds:

changes in the organization of production and labor (liquidation of the Enterprise, reduction in the number or staff of employees, changes in working conditions, etc.);
discovered inconsistency of the Employee with the work performed in the absence of guilty actions on his part;
guilty actions of the Employee (systematic failure to perform work duties without good reason, absenteeism, showing up at work while drunk and other violations labor discipline, disclosure of trade secrets, violation of paragraphs. 12.3 of this Contract, committing theft, etc.).

10.5. Dismissal at the initiative of the Enterprise is carried out on the basis of the corresponding conclusion of the head of the structural unit of the Enterprise, in compliance with the requirements of labor legislation.

11. COMPENSATION UPON TERMINATION OF THE CONTRACT

11.1. Upon termination of the Contract on the grounds provided for in clause 10.3 and clause 10.4, the Employee is paid severance pay in the amount of average monthly earnings. Upon termination of the Contract on the grounds provided for in clause 10.4, the Employee also retains his average monthly earnings for the period of job search during the second and third months from the date of dismissal, if he has registered with the employment service as a job seeker within 10 calendar days after dismissal .

11.2. Subject to termination of the contract (for good reasons), along with the payments provided for by current legislation and this Contract, the Employee is also paid a one-time benefit in the amount of rubles.

12. SPECIAL CONDITIONS

12.1. The enterprise serves as the main place of work for the Employee; The employee is hired to work for the Enterprise on a part-time basis (cross out what is not necessary).

12.2. Labor functions activities not arising from this Contract may be carried out by the Employee within the Enterprise only with the consent of the head of the structural unit and the director of the Enterprise.

12.3. The employee does not have the right to perform work related to this Contract under contracts with other enterprises and organizations, as well as engage in any other type of activity in other enterprises and organizations if this may cause economic or other damage to the Enterprise. Failure to comply with this clause is sufficient grounds for dismissal of the Employee.

12.4. The Enterprise pays the Employee a one-time benefit in the amount of rubles within days after the conclusion of the Contract. The benefit is not a form of remuneration.

12.5. The Company pays the Employee monthly rubles.

12.6. All materials created with the participation of the Employee and on the instructions of the Enterprise are the property of the Enterprise.

12.7. The Parties undertake not to disclose the terms of this Contact without mutual consent.

12.8. The terms of this Contract may be changed only by agreement of the parties.

12.9. The parties are responsible for fulfilling their obligations under this Contract in accordance with current legislation.

12.10. Disputes arising between the parties to the Contract are resolved in accordance with the procedure established by current legislation.

12.11. In all other respects not provided for in this Contract, the parties are guided by the norms of the Labor Code of the Russian Federation and the Charter (Regulations) of the Enterprise.

13. OTHER TERMS

13.1. This Contract is drawn up in two copies: one for each of the parties and is considered valid only if there are signatures of both parties: the Employee and the Enterprise, certified by the seal of the latter.

14. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Company Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

Worker Registration: Postal address: Passport series: Number: Issued by: By: Telephone:

15. SIGNATURES OF THE PARTIES

Company _________________

Worker _________________

In the personnel field, the terms are actively used employment contract (sample presented below) and an employment contract (hereinafter referred to as TD). Many people believe that these are equivalent concepts, but this is not so. Today we will figure out what

In current labor legislation Russian Federation The term “contract” is not mentioned anywhere, so its definition is formal. But still, a contract is a transaction document concluded between an employer and an employee, with strict requirements for the unquestioning fulfillment of conditions, the failure of which can be challenged in the courts.

Principles of the contract:

The document is concluded for a period of 1 to 5 years, but should not be confused with.
At the end of the validity period, the contract is terminated or extended. Regardless of this, the employer is obliged to notify the employee of further actions 2 weeks before the expiration of the document.
If cooperation is interrupted suddenly, the employer pays compensation.

When drawing up a contract, you need to disclose in detail information about:

place of work and working conditions;
position and specialization of the employee;
rights of the parties;
the procedure for calculating and remunerating labor, as well as additional payments in the form of awards or bonuses.

Termination of a contract before the end date is possible in the following cases:

gross violations of labor protection rules;
non-compliance with the terms of the employment agreement;
violations of discipline or labor duties.

Basically, firm restrictions on actions apply only to the employee, so when signing an agreement, carefully study the papers and find out what exactly you are visaing.

Fundamental differences between an employment contract and an employment contract

Let's compare both types of agreement and find out how they differ:

Validity. An employment contract is concluded for an unlimited period; a contract can only be signed for a certain period.
The contract can be terminated at any time at the request of the employer without giving reasons; the contract is terminated only on the basis of articles of the Labor Code.
In most cases, the contract agreement provides material incentives and incentives for employees.
Carrying out labor activity According to TD, an employee can terminate cooperation at any time by notifying management 2 weeks in advance. The contract does not provide such an opportunity; the employee does not have the right to resign before the expiration of the document.
The contract must stipulate the conditions for early termination by the employer. This guarantees that the employee will not be dismissed on grounds not specified in the document. The exception is systematic non-compliance with labor duties.
In the contract, in addition to compensation payment, the employee’s financial liability to the employer for damage caused as a result of his actions or inaction may also be indicated. The size of the payment is determined by the manager.

We brought general differences. But you need to understand that the difference is that trade agreement is regulated by labor legislation, but the contract is not subject to regulation by any regulatory legal acts.

Is it legal to conclude an employment contract in Russia?

The term “contract” has not been used in labor legislation since 2002. But there is no direct prohibition on the preparation of such documents. Any employer, at his own discretion, can choose one or another agreement.

The conclusion of a contract is mandatory if one of the parties is the state or municipal institution. Based on the fact that the requirements of government orders are strict and limited, the agreement is not appropriate here.

What foreign experience teaches us

While in the Russian Federation HR specialists give preference to TD, foreign colleagues actively practice contract system employment.

The contract is a reflection of a new economic model; it came to us from the USA. This is where such cooperation is widely used.

Specialists HR management conducted a number of studies, as a result of which they came to the conclusion - mobility work force growing. When working under a TD, movement is impossible, since the agreement is unlimited. Also, scientists have proven that the optimal period of work in one place is 3 years; after this period, the employee experiences stagnation, productivity decreases and efficiency in general decreases.

Exchange is practiced on Wall Street financial analysts between companies, this allows you to change the environment, shake yourself up and work productively.

But in the Land of the Rising Sun the attitude towards contractual cooperation is negative; in Japan, lifelong employment is a priority. Here they prefer to cooperate under an employment contract concluded for an indefinite period. If the conditions of such a TD are violated, the public condemns it and the person loses respect.

Conclusion

To summarize, we can say one thing - only you can choose which agreement to cooperate with. When determining the type of employment agreement, remember:

A TD can be terminated bilaterally, the only condition is that the other party must be notified of the termination 2 weeks in advance;
the contract is terminated unilaterally (by the employer) when gross violations or on his own initiative, but then the employee is due a compensation payment.

Latest reforms Labor Code in practice they have shown that workers are hired with violations and are simply exploited. Therefore, we can safely say that TD has outlived its usefulness.

An employment contract is concluded if the employer is truly interested in a particular employee. This type of agreement provides a 95% guarantee that the employee will work for the required period. In addition, the contract reveals all the nuances and conditions, violation of which will lead to dismissal and fines. Therefore, it is easier for an employee to avoid breaking the agreement by fulfilling his duties in good faith.

And finally, no matter what agreement you enter into, be careful and study in detail the information disclosed in the agreement.

" Employment contract. Contract

Personnel Management
Dictionary-reference book

Employment agreement (contract)

Contract (employment contract)- an agreement that is concluded when hiring workers. The advantage of a written contract is that all the terms of the contract are recorded in a single act that is 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 hired;
work in accordance with the qualifications for a certain profession (position) that the employee must perform;
the start date of work and the end date if a fixed-term employment contract is concluded;
employer's responsibilities to ensure labor safety at the enterprise.

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

The law does not link compliance with writing to a specific type and duration of the contract. Therefore, a written employment agreement (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 labor employees; as an employee - citizens who have reached 15 years of age; in exceptional cases - citizens who have reached the age of 14 (in their free time from study, if the work does not cause harm to health and does not disrupt the learning process), but only with the consent of parents, adoptive parents or trustees.

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

The employment contract should indicate structural subdivision(workshop, department, department, laboratory, etc.) into which the employee is accepted, which will make it possible to specify his work responsibilities, working conditions, and entitlement benefits. The profession (position) for which the employee is hired 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 inappropriate to define all the employee’s obligations in accordance with the profession (position) for which he was hired. The employee’s responsibilities arise from the need to fulfill production program, achievements certain indicators, compliance with the work schedule (labor safety rules, etc.). Responsibilities are specified based on qualification characteristics and workplace models in job descriptions.

Fixed-term employment contract is concluded when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done, the conditions for its implementation, the interests of the employee, as well as in cases directly provided for by law. When concluding contracts with staff expedient period fixed-term contract agree with planning period personnel certification. The most appropriate terms are three or five years.

To verify the compliance of the employee’s training and abilities with the work entrusted to him, by agreement of the parties, a probationary period may be established within the limits provided by law. If an employee is hired with probationary period, then the contract specifies a specific probationary period, but not more than six months from the date of hiring.

It is advisable to indicate in the contract the appropriate amount of the tariff rate (official salary) of the employee by profession (position), qualification category And qualification category provided for in the collective agreement or other local normative act. You can indicate the coefficient 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 quality of work. By agreement of the parties, a higher wage may be established than in the corresponding employment contract (agreement), if this does not contradict local regulations in force at the enterprise. Installation in individually higher wages should be associated with the high qualifications of the employee, the performance of more complex tasks, programs and ensure equal pay for equal quantity and quality of work.

The basis for determining employee remuneration is:

tariff rate (official salary), reduced to the number of minimum wages for public sector employees;
minimum tariff multiplied by the number of employee family members;
minimum subsistence standard of living;
average salary in the region (city) at similar enterprises;
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 bonuses for incentive and compensatory nature: reward for the final result, for professional excellence and high qualifications, for class, for an academic degree, for deviation from normal working conditions, etc. Different kinds employee incentives operating at the enterprise can also be reflected in an individual contract, for example bonuses, year-end remunerations, long service payments, payment in kind.