Employment contract: sample filled out in accordance with regulatory requirements

General provisions

After signing the agreement, the parties have mutual rights and obligations, which they must strictly observe: the citizen undertakes to work and obey the work schedule in force in the organization, and the employer undertakes to provide the citizen with the work specified in the document and pay wages on time.

Before concluding an employment contract, the employer is obliged to familiarize the future employee with the local regulations of the organization, job description, work schedule, and payment terms. After this, a contract is signed, an order is issued to hire the person and a corresponding entry is made in his work book.

A template, a blank sample employment agreement is contained in Government Decree No. 858 of 08/27/2016.

Rights and obligations of the parties

This section of this agreement specifies information about the obligations of the Employee and the Employer under this agreement. Often the following formulations are given:

The employee undertakes: - to perform work in accordance with the instructions of his immediate supervisor. The work must be completed efficiently and within the specified time frame. — observe labor discipline in accordance with the Charter of the enterprise; — conscientious attitude to the performance of their labor duties within the framework of this agreement; — treat with care the property entrusted by the enterprise for the performance of labor duties; — comply with safety precautions, sanitary and hygienic prevention, labor protection requirements. The Employer undertakes: - to provide work for the Employee under this agreement; — make payments in accordance with this Agreement; — ensure normal (safe) working conditions for the Employee, provided for by labor legislation; — maintain the Employee’s work book, entering information into it; The employee has the right: - to demand the fulfillment of obligations by the employer under the employment contract and labor legislation. The Employer has the right: - to demand high-quality performance of obligations by the Employee under this agreement; — reward and encourage the employee in case of high-quality, conscientious fulfillment of obligations; - bring to material and disciplinary liability.

Meaning of the contract

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

The contract, completed and signed by the parties, is a fundamental legal fact that determines the emergence, change and termination of the official relationship between the employer and employee. It establishes the legal relationship between the worker and the employer and is a set of rules that govern the official relations between the parties who signed the document.

An employment contract is fundamentally different from contracts of a civil law nature (contract, copyright, performance of a certain type of work). Despite their similarities, they differ in the following parameters:

  • the subject of the employment contract is the employee’s work. The subject of civil contracts is the final result (book, painting, project);
  • an employment agreement presupposes personal performance of work; it cannot be reassigned to another performer. In civil law, this obligation is enshrined in the text of the document;
  • under an agreement under the Labor Code of the Russian Federation, the employee is subject to the internal rules of the organization. In civil law there is no such obligation;
  • When concluding an employment contract, the employer creates normal and safe working conditions. Under civil law, the employee independently organizes his workplace.

Employment contract with a remote employee

Concluding an employment contract with remote workers has a number of features.

Firstly, the text of the contract must indicate this nature of the work.

Secondly, the agreement itself can be executed electronically. The employer must put an enhanced qualified electronic signature on such an agreement. An employee can use an unqualified electronic signature to endorse a contract, including one issued by the employer’s specialists. All documents necessary for concluding an employment contract can be submitted electronically. But the employer retains the right to demand their notarized copies on paper (Article 312.2 of the Labor Code of the Russian Federation).

Thirdly, the contract must include a provision on the procedure, payment period and amount of compensation for the use of personal property for work purposes. Namely: equipment owned or leased by the employee, software and hardware, information security tools, etc. The procedure for reimbursement of expenses associated with the use of such property should also be prescribed (Article 312.6 of the Labor Code of the Russian Federation). However, it is not necessary to include all the details of such payments in the employment contract. This condition may be of a “referential” nature, i.e. contain an indication of the corresponding local act. In this case, you need to familiarize the employee with this act. This can be done by email (Article 312.2 of the Labor Code of the Russian Federation). Also see “Remote work in 2022: reading the new law on remote work.”

Types of employment contracts

There are different types of contracts with employees, depending on the conditions included in it. The employer has the right to develop separate employment contract forms for these cases in order to quickly fill them out.

Most often, an agreement with employees is concluded for an indefinite period of time, that is, it does not specify the validity period of the document. But sometimes it sets a time frame depending on the nature of the work or the conditions under which it is performed. Such cases are considered in Part 1 of Article 59 of the Labor Code of the Russian Federation.

By validity period:

  • prisoners for an indefinite period;
  • prisoners for a specified period (not more than 5 years).

A fixed-term employment contract becomes indefinite if, after the expiration of the time specified in it, the employee continues to work. In such a situation, the document loses its urgency and is considered concluded for an indefinite period. It is allowed not to draw up a new, unlimited contract.

An open-ended contract can become a fixed-term contract, but this should be justified by the paragraphs of Art. 59 Labor Code of the Russian Federation. To transfer, you must terminate the previous one and enter into a new contract for a certain period.

By the nature of the working relationship:

  • by main place of employment;
  • part-time (part-time work is impossible without concluding an employment contract, this is the main condition for this type of employment);
  • temporary work (if the nature of the work requires it to be completed in less than 2 months, if it is necessary to replace an employee on sick leave);
  • short-term contract;
  • with seasonal workers;
  • with employees working from home;
  • on state (municipal) service.

Please note: the Labor Code of the Russian Federation and other legal acts related to labor relations do not apply to certain categories of citizens, provided that they are not employers or their representatives:

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

By type of employer:

  • agreements concluded with organizations - legal entities and individual entrepreneurs;
  • an employment contract with an individual - when the employer is a citizen without registration as an individual entrepreneur. Most often they hire service personnel.

Depending on the legal status of the employee:

  • signed with minor citizens;
  • prisoners with persons who have family responsibilities;
  • registered with foreigners;
  • signed with stateless persons.

By the nature of working conditions, the division is as follows:

  • under normal working conditions;
  • taking into account occupancy at night;
  • concluded with citizens working in the regions of the Far North and in territories equivalent to them;
  • in working conditions in hazardous production.

Types depending on the volume of work performed:

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

In the first case, the employee works full-time for the employer throughout the working day. This is where he keeps his work book.

In the second, a person works in his free time from his main job. The duration of such work is no more than four hours a day. The document signed with the employee indicates that the work performed is part-time. Such a document is allowed to be concluded both at the main place of employment and with another employer. Part-time work is allowed with an unlimited number of employers, except for exceptions established by the legislation of the Russian Federation.

It is not allowed to enter into part-time contracts with persons under 18 years of age and with those whose main work is classified as difficult or performed in hazardous working conditions, if the part-time job implies the same characteristics.

Particular attention is paid to contracts concluded with management employees. When compiling them, there are some features, in comparison with other categories of workers, that should be paid special attention to.

Comments on the document “Sample Employment Contract”

Reply 0

5

Murat

03/30/2014 at 14:28:21

no comments

Reply 0

hope 05/07/2014 at 07:33:06

How should a private person draw up an agreement?

Reply 0

5

Lyudmila

05/20/2014 at 06:46:57

no comments. Really helped

Reply 0

Almira 07/02/2014 at 11:59:00

Hello! Please tell me what to do if an employee was hired for a period of 1 year, but at the end of the period the employment contract was not renewed? How to properly leave an employee at work?

Reply 0

5

Elena

07/20/2014 at 17:36:55

If the employer has not given a copy of the employment contract and refuses to give it. What to do? Upon dismissal, where should the employment contract remain?

Reply 0

5

Catherine

10/06/2014 at 11:37:03 reply to Almira

If an employee’s employment contract has expired and has not been terminated, the contract is renewed automatically in accordance with the Labor Code of the Russian Federation

Reply 0

5

Irina

10.10.2014 at 14:00:34

It helped a lot, because... it's my first time. Thank you

Reply 0

Irina 10/23/2014 at 11:45:04 pm

Where can I find the same one only filled out?

Reply 0

Olga 10/25/2014 at 10:06:12

Thank you for the sample employment contract! You helped out a lot.

Reply 0

1

Pivankov Edgar Andreevich

03.11.2014 at 13:29:26

And if they didn’t let me sign the contract, what next>>>

Personal message | Reply 0

Chechetkina Ksenia Vladimirovna

Status: Lawyer

rating 12186

03.11.2014 at 18:13:07 reply to Pivankov Edgar Andreevich

Good evening, Edgar Andreevich.

If you were not allowed to sign an employment contract and you started work, then the employer is obliged to draw up an employment contract within 3 days. If this has not been done, contact your employer or the labor inspectorate, as this is a violation of the law.

  • Email
  • Skype: chechetkinvgeni

Reply 0

Denis 11/11/2014 at 18:55:11

Thank you.

Reply 0

Tatiana City 11/21/2014 at 10:45:25

the contract does not stipulate working conditions at the workplace and the conditions of compulsory medical insurance

Personal message | Reply 0

Anatoly

Status: Client

01/13/2015 at 05:01:40

Should a collective agreement be attached to this agreement?

Reply 0

5

Alina

02/03/2015 at 14:58:16

Helped me a lot

Personal message | Reply 0

Alla

Status: Client

02/04/2015 at 15:07:56

The general director draws up an employment contract with himself, and if so, does he sign it on both sides?

Personal message | Reply 0

Alla

Status: Client

02/04/2015 at 15:14:48

Is an employment contract drawn up for the general director? If yes, who signs it?

Reply 0

5

Irina L.

04/07/2015 at 07:37:13

Real help...

Reply 0

nurlykhan 05/13/2015 at 13:44:35

I came from U3Bek, they told me I need an employment contract, what should I do?

Reply 0

Love 05/28/2015 at 23:28:47 reply to Denis

Working conditions are not specified: optimal, acceptable, harmful, dangerous, according to the special work carried out. assessment of working conditions. And also the dates for payment of wages for the first and second half of the working month are not specified; the salary must also be written in numbers, and incentive bonuses in accordance with the regulations on wages or bonuses. It is also important to state that wages are paid to the employee’s bank card. These comments are very significant for inspectors from the labor inspectorate.

Reply 0

Dmitriy 02.06.2015 at 13:47:21

Heresy. Soap 200 gr. even that is not there. 130 t.r. a fine when checking the State Tax Inspectorate is guaranteed...

Order of the Ministry of Health and Social Development of the Russian Federation No. 1122n dated December 17, 2010 “ON THE APPROVAL OF MODEL STANDARDS FOR THE FREE ISSUANCE OF WASHING AND (OR) NONHARMFUL PRODUCTS TO WORKERS AND THE LABOR SAFETY STANDARD \" PROVIDING WORKERS WITH WASHING AND (AND) OR) DISHARMING AGENTS"

Reply 0

Dmitriy 06/02/2015 at 13:49:45 reply to Alla

Meeting of shareholders or founder

Reply 0

Roma 06/17/2015 at 21:43:48

you are great helpers!!!

Reply 0

Svetlana 07/09/2015 at 04:43:52

Thank you! rating 5!

Reply 0

5

liana

08/05/2015 at 19:03:28

Thank you, very detailed. Useful))))

Reply 0

Olga 08/12/2015 at 16:10:04

Thank you. The sample agreement was helpful.

Personal message | Reply 0

Elena

Status: Client

10/14/2015 at 20:21:24

In general, the agreement was useful to me. There are just a number of nuances that I would like to clarify. If I have an MP and don’t have a Charter, then what should I write - acting on the basis of what?

If there is no job description, is it possible to write what was agreed upon when applying for a job?

what is PSS - at the end of the contract?

Reply 0

5

Svetlana

11/22/2015 at 14:08:20

Thank you very much, very useful and accessible information

Reply 0

Oleg 01/26/2016 at 06:23:06

Under this clause 1.5. This agreement is concluded for an indefinite period.

And if it is written that the contract is urgent. And the contract has expired. Are any additional agreements needed? and Continuation of the contract?

Reply 0

5

Valentina

02/16/2016 at 08:34:35

the contract is specific and businesslike.

Reply 0

Irina Gennadievna 02/29/2016 at 14:05:12

If you adjust it to suit yourself, then it’s a completely normal contract blank, thank you

Reply 0

Olga 03/04/2016 at 08:03:29

Is the contract valid if it does not contain the employee’s passport data?

Reply 0

4

Elena

03/17/2016 at 09:58:22

The agreement turned out to be useful and helped a lot in drawing up an employment contract with our employee

Reply 0

4

Olga

03/29/2016 at 14:17:50

Simple and clear

Reply 0

ural 04/02/2016 at 18:12:39

no comment, good deal

Reply 0

5

Elena

04/19/2016 at 15:09:52

Thank you. Helped a lot.

Reply 0

5

Albina

05/30/2016 at 12:06:25

Very useful, thanks

Reply 0

Vladimir 06/28/2016 at 08:46:01

thank you for your help

Reply 0

4

Alexei

08/27/2016 at 10:47:18

Thanks for the sample. They helped a lot.

Reply 0

Artem 10/03/2016 at 10:32:51

A very useful agreement! You just need to add a confidentiality agreement to it.

Reply 0

5

Alexander

10/27/2016 at 20:58:18

Should the contract be certified by a seal?

Reply 0

5

Liviza

04.11.2016 at 12:12:25

Very well stated. Thank you he helped me...

Reply 0

ghoul 01/11/2017 at 08:09:07 reply to Elena

If the employer has not given a copy of the employment contract and refuses to give it. What to do? if the terms of the employment contract are violated

Reply 0

ghoul 01/11/2017 at 08:16:10 reply to Elena

The employee is not given a copy of the employment contract, but the original, i.e. 2nd copy of the employment contract.

Reply 0

bokeh 01/30/2017 at 13:32:31

Very helpful, thanks

Reply 0

5

Sergey

02/17/2017 at 10:02:09

exactly what is needed!

Thank you

Reply 0

5

faith

05/21/2017 at 20:57:52

They really helped a lot

Reply 0

Tamil 07/26/2017 at 22:37:58

Thank you for the agreement, it was very helpful.

Reply 0

5

Irina

02/02/2018 at 11:56:02

I looked for information on several sites and found it on yours. Thanks a lot.

Reply 0

5

Irina

02/25/2018 at 08:33:56

Good afternoon. Is it correct what they write in the TD: for systematic violation of labor rules, the Employer has the right to unilaterally dismiss an employee without pay?

Reply 0

3

Konstantin

07/26/2018 at 06:37:45

not specified in paragraph 3 (Wages) Salary!!!

-What salary is set for the employee?

-On what days approximately will payments be made?

-where the salary is transferred to what card number!!

Reply 0

Marina 08/08/2018 at 11:14:58

Good afternoon. In the sample employment contract on your page, the order is as follows: 1 General provisions, 2. Obligations of the parties. 3, Remuneration, etc.

When I made such an agreement, I was told that payment should come before the responsibilities. Is the sequence important? And how is it correct? Thank you

Reply 0

Idris 03/10/2019 at 19:58:12

I don't need an employment contract to renew my patent

Reply 0

Oleg 03/18/2019 at 10:39:19

When hired as a cashier in a commercial store, after filling out the application form, within how many days must they be provided with an employment contract?

Reply 0

5

Sasha

06/19/2019 at 15:55:01

Thank you, it helped a lot!

Reply 0

Elena Georgievna 12/10/2019 at 19:01:55

thank you, everything was very useful

Reply 0

Vitaly Tomilov 02/05/2020 at 21:36:09

Thank you for the well-written draft agreement

Reply 0

Anastasia 04/05/2020 at 02:45:04

The contract complies! Thank you very much!!!!!!

Reply 0

5

Andrey

06/18/2020 at 15:46:48

Yes thank you! The information is very useful.

Reply 0

Anatoly 10/13/2020 at 13:36:38

what kind of employment contract can be concluded for a period of 3 years, without the right of termination.

Reply 0

Karina 02/02/2021 at 13:45:31

Can I see the teacher’s employment contract at the school?

Reply 0

5

Nina

02/04/2021 at 14:32:24

I found the required sample contract. Thank you.

Reply 0

5

Love

02/12/2021 at 13:16:20

Always helps, all the data is up to date, the theory and explanations are very clear

Reply 0

Victoria 05.25.2021 at 10:54:25

Thanks a lot! Helped

Reply 0

4

Levan G

12/08/2021 at 17:13:55

Thank you, it was useful

Video on the topic “Employment agreement, contract”

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Contract form

Organizations and individual entrepreneurs use the standard form of an employment contract with an employee, approved by Decree of the Government of the Russian Federation No. 858 of August 27, 2016.

The agreement is drawn up in writing in two copies. Each copy is signed by the director and employee. One is given to the employee, the second is kept by the employer. To indicate receipt of a copy, the employee puts a personal signature on the document kept by the employer.

If the employee began work with the knowledge of the employer, the contract is considered concluded, even if it was not drawn up in writing.

Example of a completed employment contract:

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Parties

The parties are the employee and the employer.

An employee is an individual who is 16 years of age or older. The law does not prohibit signing a contract with 14-year-olds. But subject to certain conditions:

  • the work is easy;
  • does not disrupt the educational process;
  • there is the consent of an official representative, most often this is the teenager’s parent.

If a young child is needed, for example, for a role in a movie or theater, then, in addition to the previous conditions, the consent of the guardianship authorities will be required. And also evidence that the work will not cause physical, psychological or moral harm to the child.

An employer is a legal or natural person who is not prohibited from entering into agreements to hire an employee.

At what age to enter into

As a general rule, an employer enters into an employment contract with an employee who has reached the age of 16.

There are exceptions to this rule. It is possible to conclude a TD:

  • from the age of 15, provided that an employee with a general education is hired to perform light work that will not harm his health. It is concluded with persons of this age if they left the educational organization without receiving basic general education and continue their education in a different form, but without prejudice to the mastery of the training program;
  • from the age of 14 to perform light labor with the consent of parents (guardians), given in writing. The condition must be met that the work in which the teenager is involved does not harm his health. If the child continues to study, work does not interfere with the assimilation of the curriculum and cause harm to his health;
  • until the employee reaches the age of 14 years in institutions of the arts with the consent of at least one parent and with permission from the guardianship authorities. A child has the right to participate in the creation of works that do not harm his health. This type of document is signed by the parent (guardian).

Content

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

  • FULL NAME. employee and name of the employing company;
  • passport details of the employee (and the employer, if he is an individual);
  • employer's tax identification number;
  • date and place of signing.

The following information regarding a person’s professional activity is required to be included in the document:

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

Additionally, they stipulate the rights and obligations of the employee and employer established by the Labor Code and internal regulations of the organization.

In addition, sometimes additional conditions are included:

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

The completed document is signed by the parties. If changes need to be made to it, the new information is drawn up in the form of an additional agreement.

For non-compliance with the rules for drawing up a contract, the labor inspector, in the case of checking personnel documentation, imposes an administrative fine.

Open-ended and fixed-term employment contract

Typically, an employment contract is concluded for an indefinite period. However, in some situations you can set the duration of its effect. An exhaustive list of such cases is given in the article of the Labor Code of the Russian Federation.

This list is divided into two parts. The first mentions situations where a fixed-term employment contract can be concluded at the initiative of the employer. For example, to replace an absent employee or to perform temporary (for up to two months) work. In such circumstances, the organization has the right to immediately indicate that the agreement is temporary. If the candidate does not agree with this condition, this may be grounds for refusal of employment.

The second part of the list consists of cases when a term clause is included in the contract only by agreement of the parties. Examples: employment of managers, old-age pensioners, part-time workers. In such situations, you can only offer the employee to formalize a temporary employment relationship. If he does not agree, it is impossible to refuse to conclude an open-ended contract.

Important

A term clause can be included in an employment contract only if it is expressly permitted by the Labor Code.
In this case, the text of the contract must necessarily indicate the circumstances (reasons) that served as the basis for concluding the contract for a certain period in accordance with Article 59 of the Labor Code of the Russian Federation. For more details, see: “Fixed-term employment contract: instructions for use” and “Fixed-term employment contract: how to extend it, renew it or terminate it.”

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Structure

The document consists of several sections, each of which sets out the rights and obligations of the employer and employee. Typically the contract contains the following sections:

  1. Details of the parties: name of organization, address, full name. manager, full name applicant for the position, his contact details.
  2. The following usually contains an indication of the position and the division of the enterprise where the applicant will work.
  3. The following paragraph describes the rights and obligations of the parties. This stipulates the responsibilities of the employee, which he performs in accordance with the job description developed at the enterprise, and the responsibilities of the employer. These include paying wages within a certain time frame, providing subordinates with a safe workplace, equipment, and so on.
  4. The next section regulates work and rest regimes, specifies the wage rate and internal regulations.
  5. Sometimes they include a section with additional conditions that do not fall into the main parts of the contract.
  6. At the end the signatures of the parties and the date are placed.

If, when concluding a contract, some information or listed conditions are not included, this is not a basis for declaring it invalid or a reason for termination. The document is supplemented with missing information. They are included either in the text itself or indicated in a separate agreement between the parties. The additional agreement is also drawn up in two copies and signed by each party.

ConsultantPlus experts discussed how to draw up an extract from an employment contract. Use these instructions for free.

Contract term

How to fill out an employment contract (a completed sample is attached), is it necessary to indicate the validity period? In fact, the employment relationship may be indefinite, but it is in the employer’s interests to prescribe a period. However, a fixed-term employment contract can be concluded in two cases: by agreement of the parties or depending on the nature of the work. The latter circumstance includes situations in which an employee is hired during the absence of another employee, for example, if a position is vacant due to the employee going on maternity leave. Fixed-term contracts are concluded in cases where the employee will perform temporary or seasonal work for a period of up to 2 months. Such contracts are signed in cases where workers are recruited to implement a specific project, and in a number of other cases.

The maximum term of a temporary contract cannot exceed 5 years.

Termination

Termination of a working relationship is permitted at the initiative of the employee (at his own request) and at the initiative of the employer.

Termination at the initiative of the employee occurs when writing a letter of resignation. Usually, in this case, no difficulties arise, unlike the termination of a working relationship at the initiative of the employer. Termination by the employer is permitted before the end of the probationary period with three days' notice in writing. If the probationary period is completed successfully, then termination of the work contract is permissible only in the following cases:

  • liquidation of the enterprise;
  • staff reduction;
  • repeated failure by an employee to fulfill his duties, repeated appearance at the workplace in a state of alcohol, drugs or other intoxication;
  • committing theft, embezzlement, intentional causing of material damage;
  • other cases specified in Art. 81 Labor Code of the Russian Federation.

How do the terms of an employment contract change?

The reasons for changing an employment contract are varied. The reasons why there is a need to amend the document regulating the relationship between the organization and the employee on the part of the organization:

  • reorganization of a legal entity, change of its owners or change of jurisdiction;
  • new organizational or technological forms of labor;
  • introduction of part-time work or part-time work week;
  • transfer of an employee to another position, workplace or to another division of the organization;
  • suspension from work.

Most of the reasons that may require amendments to the contract are set out in Article 74 of the Labor Code of the Russian Federation. It is its requirements that the organization must comply with when making significant amendments to this document.

On the part of the citizen, amendments to the contract may be required in the following cases:

  • changes in last name, first name or patronymic;
  • changes in qualifications;
  • health conditions or family circumstances that give the legal right to change working conditions.

If the above circumstances arise, the concluded agreement may be changed. To do this, the party initiating the amendments is obliged to send the other party a notice of changes in the terms of the employment contract. Especially if this party is an organization, such an obligation is regulated by Art. 74 of the Labor Code of the Russian Federation for organizations - two months, for employers - individuals, Art. 306 of the Labor Code of the Russian Federation (14 days before the event) and Article 344 of the Labor Code of the Russian Federation for religious organizations (7 days before the event). The Labor Code of the Russian Federation does not regulate the form of the document in which such a message should be drawn up. But for convenience, you can use a sample notification compiled for different reasons. The main thing is that it contains:

  • reasons for amendments;
  • detailed description of new working conditions;
  • date of entry into force of amendments to the agreement;
  • other proposals of the employer in case of possible refusal of the employee from those initially proposed.

An employed citizen must receive a document with a personal signature and express his opinion. If he agrees, he signs an additional agreement to the employment contract, which immediately comes into force. At the same time, the contract itself continues to be valid continuously in the unchanged part. If a citizen does not agree with the employer’s proposal, then he is sent an alternative message about transfer to another position or workplace. If this is refused, the employer has the right to dismiss the employee under paragraph 7 of part 1 of Article 77 of the Labor Code of the Russian Federation.

If a notice of intention to change an agreement with an employer is sent by an employee, he must also indicate the reasons and the working conditions permitted for him. The employer endorses the document and reviews it, then makes its decision based on real possibilities and internal regulations. As a rule, the main requirements include a transfer to light work or a reduction in working hours. The employer simply does not have the right to refuse some categories of such employees - for example, pregnant women. Based on the results, an order is issued for the organization and new data is entered into the agreement. Even if the changes are at first glance insignificant - for example, passport data or qualifications have changed - then it is not enough for the organization’s management to correct the data directly in the document by analogy with changing the last name in the work book: cross out the old last name and write a new one; such actions are a violation - even with small changes, an additional agreement must be concluded, since, for example, the employee’s surname is an essential condition of the contract. If the amendments are of a technical nature, they can be included in the contract, certified with the seal and signature of the authorized person who carried them out.

What must be written in it

The list of mandatory information recorded in the employment contract is specified in Article 57 of the Labor Code of the Russian Federation.

Structuring into sections is not mandatory, as is the form itself, but for practical reasons (it’s more convenient), the text following the title “header” is usually divided into the following paragraphs:

  1. Place and date of document preparation;
  2. Preamble. The parties between whom the contractual relationship arises are indicated (first the employer represented by the manager or authorized officer, then the surname, name and patronymic of the future employee), followed by the text: “have entered into this agreement on the following.”
  3. General provisions. This is the main informational part of the contract. It reveals the essence of a previously reached oral agreement, on the basis of which one party undertakes to perform certain duties, and the other pays her for this and provides a package of social guarantees. In particular, the following conditions must be specified: Position and function; Work schedule; If an employee is hired to perform duties in a remote, separate branch - place of work indicating the address; Obligations and rights of the parties; Start date of the contract; The expiration date of the document, if the contract is fixed-term. Without this clause, it is considered indefinite by default; Duration of probationary period. By default, the absence of this clause implies unconditional employment in the position from the very first day.
  4. Salary. The amount of monthly remuneration, including additional payments and the conditions for their accrual, as well as: Compensations, if they are due under working conditions; Conditions of social insurance; The totality of guarantees provided by the employer; Additional conditions (if any);
  5. Signatures of the parties. The details of the employer (including TIN) and the details of the hired employee (address, number and series of passport) are indicated.

An agreement containing the above information is drawn up more often than all others, and therefore is called a typical or standard one. In practice, there are other forms of employment agreements.

Points of difficulty

An important part of any contract is its subject, that is, what it is about. Unfortunately, this category is not specified in the Labor Code, and there are no specific explanations in other regulations either. Obviously, the implication is that this is already clear to everyone.

The subject of the employment contract is the employee’s performance of his official duties.

Additional useful information:

  • The clause on the employee’s work and rest time is included in the text if the employee has not reached the age of majority or for other reasons cannot work full time;
  • The wage clause must indicate the tariff in rubles. The wording “with a salary according to the staffing table” is not legally correct;
  • The clause on guarantees and compensation is mandatory if bonuses are due for harmfulness or difficult working conditions;
  • The seal of the organization is not a mandatory attribute of the employment contract. If it is placed, it is desirable that the stamp does not make it difficult to read the employer’s details;
  • The number of copies of the employment contract in accordance with Article 67 of the Labor Code of the Russian Federation is two, one for each party;
  • If the signature from the employer is placed by an authorized person, and not by the manager, the text must contain a link to the document giving such right.

Of course, there is no need to draw up a contract with a hired employee every time. It is enough to create a standard form that meets the requirements of 2022 once and use it. However, the problem with this approach is that different samples can be different and still be correct. The criterion for their suitability is the content of the above mandatory items.

An example of filling out an employment contract with an employee:

Sample

What documents are needed

You should be prepared for any task, including drawing up an employment contract, even if you have a ready-made form. Upon arriving at the HR department, the job applicant must present the following set of documents:

  • General passport;
  • Employment history;
  • Diploma or other qualification certificate, if required;
  • Military ID (for citizens liable for military service);
  • SNILS;
  • Other certification or medical documents, if employment depends on their availability (driver’s license, medical record, access to high voltage, etc.)

It is not necessary to provide a TIN - such a requirement is not specified in the Labor Code, but it will not hurt to take it with you. The absence of a work book for those who are getting the first job in their life should not be embarrassing - it will be kept in the personnel department.

The Labor Code provides for the possibility of concluding contracts with persons who have reached the age of sixteen, and, subject to the consent of parents or guardians, from the age of 14.

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