An employment contract is an agreement between an employer and an employee about the nature and duration of the employment relationship. An employment contract legally formalizes the mutual rights and obligations of participants in labor relations. Properly composed employment contract will protect the interests of the employer without infringing on the rights of the employee, and will help to avoid many undesirable legal consequences. The parties to the employment contract are the employer and the employee.
An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, ensure working conditions provided for by labor legislation and other regulations, in a timely manner and in full size pay the employee wages, and the employee, for his part, undertakes to personally perform the labor function determined by this agreement and comply with the internal labor regulations in force of the employer. The main document regulating labor Relations is Labor Code, and the terms of the employment contract should not contradict its articles. At the same time, in controversial situations they will be interpreted as described in the labor code.
An employment contract should be distinguished from. An employment contract provides the employee with a number of benefits, guarantees and compensations not provided for in contractual relations.
Sometimes in practice the terms are used labor contract, contract of employment.
The employment contract is concluded in writing, is drawn up in two copies, each of which is signed by the parties. One copy of the employment contract remains with the employee, the other is kept by the employer. The fact that a copy of the employment contract has been received by the employee is certified by the employee’s signature on the copy of the employment contract kept by the employer.
An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his legal representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work.
According to the Labor Code, an employment contract may contain additional conditions that do not worsen the employee’s position in comparison with those established by labor legislation and other regulatory legal acts, a collective agreement, agreements, and local regulations, namely:
- Condition for specifying the place of work, indicating structural unit registration and its location;
- Probationary period condition;
- Non-disclosure agreement for proprietary or commercial information;
- A condition on the employee’s obligation to work after training for no less than the period established by the contract, if the training was carried out at the expense of the employer;
- Agreement on the types and conditions of additional social and medical insurance for the employee;
- Condition on the possibility of improving the social and housing conditions of the employee;
- A clause clarifying the working conditions of a given employee, as well as the rights and obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms.
When concluding employment contracts with certain categories of workers, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding employment contracts or their terms with the relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts V more copies.
EMPLOYMENT AGREEMENT WITH EMPLOYEE "__" __________ 201 _, No._____ _________________________________ (place of drawing up) Administration ______________________________________________________________________ (name of organization, enterprise, etc.) hereinafter referred to as the Employer, represented by _______________________________________________ (position, full name) acting on on the basis of __________________________________________________________ (charter, regulations, power of attorney) on the one hand, and the citizen of Russia ________________________________________________________________ (last name, first name, patronymic, _____________________________________________________________________________________ passport details or a replacement document) hereinafter referred to as the Employee, acting in his interests and on its own behalf, on the other hand, have concluded this employment agreement (hereinafter referred to as the Agreement) on the following: 1.1. An employee is hired by the enterprise as ______________________ ___________________________________________________________________; for the position (profession, qualification) _________________________________ to perform the following job duties ( a brief description of) 2.1. The employment contract is concluded between the Employer and the Employee for a period of ______ years (months) and is valid from “___” _______________ 200 _ to “___” _______________ 200 _; For undefined period; for the duration of the work stipulated by this Agreement (delete what is unnecessary). 3.1. By concluding this Agreement, the Employee takes into account that the Employer’s enterprise is ______________________________________________________________ (brief description of the enterprise, institution, organization) 3.2. When performing his direct labor duties in accordance with this Agreement, the Employee will proceed from the Charter (Regulations) of the enterprise and the internal labor regulations of the organization. 3.3. The employee reports directly to the manager ____________________________ ___________________________________________________________________________________ (name of the structural unit) as well as to the director of the enterprise. 3.4. An employee is a full member of the enterprise’s workforce and participates with a casting vote in the activities of its general meeting (conference). 3.5. An employee has the right to express a personal opinion on any issue of the enterprise. 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. for productive work, refrain from actions that interfere with other employees performing their job duties; d) take care of the safety of equipment, raw materials, finished products and other property of the enterprise, as well as the property of other employees; e) promptly and accurately execute the orders of the director of the enterprise and immediate supervisor; f) by order of the director of the enterprise, go on business trips; g) not to disclose scientific, technical and other commercial and confidential information obtained during work without the consent of the immediate supervisor; h) immediately notify the administration of the enterprise about violations of production technology, failure to comply with labor standards, cases of theft and damage to property of the enterprise. at his own expense in __________________ for ___________ months; (form of advanced training) h) ensure the safety of the Employee’s personal property, tools, vehicles on the territory of the enterprise; and in new conditions. All costs under this sub-item are borne by the enterprise. 5.1. For the conscientious performance of labor duties during the monthly working hours, the Employee is guaranteed payment of an official salary (tariff rate) in the amount of _________________________________________________________________ (in numbers and in words) rubles per month (per hour). The official salary (tariff) increases depending on the cost of living index determined by the legislation of the Russian Federation. for every hour. Days off are provided to the Employee in accordance with the internal labor regulations of the enterprise. 6.5. Overtime in excess of the normal working hours is allowed, as necessary, but the duration of working hours during the accounting period (__________ months) 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. 7.1. 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 and benefits for social and welfare services not established by current legislation: - payment of a one-time allowance for annual leave in the amount of _______________ rubles; - annual provision to the Employee and his family members of a voucher to a sanatorium or rest home with the Employee paying _______ percent of the cost of the voucher;- provision of an apartment to the Employee on the terms: ___________________________________; 10.1. This Agreement may be amended or supplemented by its parties during the period of its validity. in the amount of average monthly earnings. If a mutually acceptable solution is not reached, the dispute may be referred for resolution in the manner prescribed by the labor legislation of the Russian Federation.
Moreover, all of these changes and additions will have legal force only if they are written and signed by the parties as an integral part of this Agreement.
You will find a completed sample employment contract with various categories of employees, available for download, in this article. On specific examples We will show you how to fill out the document correctly, taking into account the requirements of the law and business etiquette.
The legislation does not provide unified form employment contract. It is compiled in any form.
Samples of employment contracts
Expert commentary
If there are no mandatory terms in the employment contract or there is an error in them, you may be fined. The cost of a mistake for the company is 50,000 rubles. It will cost the director at least 5,000 rubles. We will protect you from fines. The BukhSoft program generates employment contracts automatically. Moreover, it takes into account the specifics of the work of a specialist in any profession. With our program you can be confident in every point of this document.
Sample of filling out an employment contract
How to fill out an employment contract
The contract form must contain the mandatory details specified in Chapter. 10, 11 Labor Code of the Russian Federation. However, it will not be considered unconcluded if these details are missing. However, additions need to be made to the document.
The document is drawn up in two copies - one copy each for the employee and the employer. Both copies are signed by the future employee and the employer or his authorized representative (Part 1 of Article 67 of the Labor Code of the Russian Federation).
Please note that the employee’s position in the contract must correspond to the position specified in staffing table. Otherwise, labor inspectors may impose a fine in the amount (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation):
- for legal entities – from 30,000 to 50,000 rubles;
- on officials– from 1000 to 5000 rubles.
In case of repeated violation, the fine increases for companies - from 50,000 to 70,000 rubles, for their managers and officials - from 10,000 to 20,000 rubles. Also, these persons may be disqualified for a period of 1 to 3 years.
Do not include terms in the employment contract that limit or reduce the employee's guarantees. The organization can be punished under Art. 5.27 Code of Administrative Offenses of the Russian Federation.
These conditions include exceeding the probationary period by more than three months, except for:
- directors of companies and their deputies;
- chief accountants and their deputies;
- management of branches and representative offices.
For these persons probation can be no more than six months (Article 70 of the Labor Code of the Russian Federation).
The contract cannot include provisions on reducing vacation time, extending working hours with reduced working week, about the ban on being a part-time worker, etc.
An employment contract with an employee is a special agreement. This document reflects the nature of the relationship between the employee and the enterprise.
It is the employment contract with the employee that formalizes the legal obligations and rights of the participants in the process.
General information
Based on the Labor Code of the Russian Federation, enterprises and employees have ample opportunities to draw up various kinds agreements using one or another sample employment contract with an employee. At the same time, various conditions may be reflected in the papers.
The most common form of employment contract with an employee
Most often, as legal practice shows, agreements are concluded with a specialist. This employee means an employee who has certain knowledge that allows him to perform certain activities in the enterprise. It should be said that the Labor Code of the Russian Federation does not provide for any specific provisions for regulating the work of specialists.
However, in practice such agreements have their own characteristics. In this regard, they are allocated to a separate group along with contracts signed with managers, employees, and top managers. This category is allocated as a separate group in the qualification (unified) directory of positions.
The classification is made in accordance with the nature of the work primarily performed. They are the content of the employee’s work. So, for example, the position of a manager is characterized by organizational administrative functions. Specialists perform analytical and constructive activities. The responsibilities of the employees include information technology tasks.
Design features
The labor functions of workers determine the features of agreements concluded with them. The position for which the employee is hired has qualifications (categories). Their indication in the agreement is mandatory. This or that sample employment contract with an employee contains sections or appendices that indicate what skills and knowledge the future employee should have.
Basic information
Concluding an employment contract with an employee involves specifying certain information about the future employee and the details of the enterprise. In particular, the last names, first names, patronymics and addresses of the employer and the hired person are entered. You must also indicate the date the employee was hired. If a fixed-term employment contract is concluded with an employee, then the period for which the specialist is hired is indicated.
Probation
The maximum period for an employee can be three months (if he was not selected as a result of a competition). An exception is considered to be persons who have graduated from institutions of higher, primary and secondary vocational education, have received state accreditation and are entering service in their specialty for the first time within a year from the date of completion of their studies.
In this case, a probationary period of six months may be established for a number of categories, for example, chief accountants or their deputies. The legislation also defines certain groups of citizens who are hired under special conditions. In particular, pregnant women, minors and some other categories of workers do not undergo a probationary period.
Wage
Any sample employment contract with an employee includes a section indicating the amount of payment for his activities at the enterprise. Salary, as a rule, is an official salary. It represents a monthly deduction, the amount of which depends on the qualifications, business qualities and place to which the employee is assigned. Official salary is used in enterprises to pay employees, specialists, and managers.
It is also used as the basis for calculating bonuses, allowances and surcharges. The contract may contain information about additional payments. Their size is determined by agreement of the parties. When drawing up an employment contract with an employee, the employer specifies a certain amount of the official salary. If the manager intends to initially pay a small amount and then increase it over time, then this fact should be contained in the agreement. In the absence of such information, the employer is not responsible for failure to fulfill these promises.
Mode of activity and rest
An employee’s work schedule is determined by what is expedient for the enterprise. The mode of activity may be irregular. Explanations on this matter are contained in Art. 101 Labor Code of the Russian Federation. In accordance with the provisions, workers on an irregular schedule may be periodically engaged by the employer to perform their job duties outside the normal working hours. The law states that the list of employees operating in this mode must be established by a collective agreement, contract or internal regulations of the enterprise. Six- and five-day weeks or rotating schedules are also common.
Compensation and guarantees
Quite often, an enterprise enters into an employment contract with an employee an obligation to fulfill his requirements. These include, in particular, medical care provided free of charge or a convenient schedule. At the same time, the employee assumes certain obligations in which the company is interested.
For example: do not quit for a certain period, act as a mentor in relation to the agreed number of young specialists, etc. The terms of the agreement impose certain and, in some cases, quite strict restrictions on both the employer and the hiredee. At the same time, the provisions specified in the agreement contribute to the retention of valuable personnel and the maximum use of employee experience and knowledge in the training of new specialists.
Completing the agreement
The employment contract with the employee is drawn up in two copies. One of them is kept by the employer, the other is given to the employee. Any oral agreement to perform any activity has no legal force. The form of an employment contract with an employee contains the following attachments:
- Schedule.
- Job description.
- List of prices for work.
- Non-disclosure agreement of confidential information.
Related documents are also prepared. This, in particular, may be an additional employment contract with the employee. Such an agreement, for example, is needed in the event of a reduction in an employee’s salary. Registration of the employment contract itself and amendments to it is carried out in the appropriate accounting journal.
The drawn up agreement comes into force immediately from the moment of execution or, if indicated, on the day on which the employee must begin performing his duties. If an employee does not show up at work within seven days without good reason, the employer has the right to terminate the contract in unilaterally.
Special category of employees
Of course, the company is not interested in unqualified personnel. But situations often arise when, in order to save money for positions that do not require special professional skills, various companies - small, large - hire minor workers.
By law, an agreement can be concluded with a person over 16 years of age. However, in some cases, an employment contract with a minor employee can be drawn up at an earlier age. An apprentice can be hired by an enterprise if he has left educational institution until he receives general basic education. However, his age may be 15 years.
With the consent of one of the parents or the guardian and the guardianship authority, an employment contract can be concluded with a fourteen-year-old student. The agreement involves performing light activities that do not disrupt the learning process and do not cause harm to health.
In theaters, organizations related to cinema and concerts, and in the circus, it is allowed to hire employees under 14 years of age. To carry out activities, the consent of parents or guardians and the guardianship authority is required. Work should not harm the health of minors or interfere with their moral development.
Features of activity regulation
Regulates the procedure for hiring and concluding an employment contract, Art. 265-272 Labor Code, as well as a collective agreement. In these articles, the legislation establishes the rest and activity regimes for employees under 18 years of age, the conditions for its implementation, official salary, etc. Any sample employment contract with an employee must comply with all current standards rights.
Termination of the agreement
Termination of an employment contract with an employee under 18 years of age is carried out in accordance with one of the grounds specified in Art. 77 TK. In addition, the agreement may be terminated due to violations during the hiring of the employee. For example, an employee whose age is less than 18 years old was hired to perform heavy, dangerous or hazardous work, to a store selling alcohol, to a nightclub, etc.
Otherwise, the agreement may contain other reasons. Termination of the contract unilaterally at the initiative of the employer (except in the case of termination commercial activities or liquidation of an enterprise), in addition to compliance with the general current procedure, is permitted only with the consent of the state inspectorate and the commission on juvenile affairs.
Additional Information
An employment contract with an individual entrepreneur is drawn up in the same way as with an organization. The agreement must also be in two copies and signed by both parties. An employee may begin work before an employment contract is concluded. In this case, the agreement must be drawn up within 3 days. An employment contract with an LLC employee, the same as with individual entrepreneur, may contain applications.
Required package of documents
Article 65 of the Labor Code of the Russian Federation establishes required list papers The list includes:
- Passport or other document that proves your identity.
- Employment history. The exception is cases when an employment contract for a part-time employee is drawn up or the employee begins his or her professional activity first.
- Insurance certificate.
- For those liable for military service – registration documents.
- Certificate of education, qualifications, special knowledge (in cases where the activity requires special training).
If a citizen is applying for a job for the first time, then employment history and Pension Fund insurance are issued by the employer. The employee must be familiar with the internal regulations of the enterprise, safety regulations and other local regulations.
Duration of the agreement
In accordance with the law, an employment contract can be drawn up for a specific period or be indefinite. This provision is regulated by Art. 58 TK. An employment contract with an employee (temporary) is drawn up for a period of up to 5 years. The agreement may not specify a validity period. In this case, they say that the contract is unlimited. For a certain period, an agreement is drawn up in a number of cases. These include, in particular:
- Replacing an absent employee. In this case, it is compiled temporary contract. The absent employee's position is retained.
- Performing seasonal activities (up to 2 months).
- Internship or professional education employee.
- Applying to work for an entrepreneur or small business organization.
- Part-time job.
- Hiring old-age pensioners or people with health limitations.
The agreement terminates upon expiration of the period specified in it. Three days before the end of the period, the employer is obliged to warn the employee about the end of the activity. The notification must be made in writing. If at the end of the specified period the parties do not declare termination, the agreement is considered to be drawn up for an indefinite period.
Download the standard form of an employment contract between an employee and an individual employer
Download a fixed-term employment contract with an employee
Download the collective agreement form
Download the employment contract with the employee
Terms and obligations
The employment contract must specify all the conditions and responsibilities of the new employee, on the basis of which he receives a particular position in the company.
The characteristics of the work and the requirements for its implementation must be described clearly and in detail so that there are no misunderstandings later.
Please note that the Labor Code prohibits requiring an employee to perform duties that are not specified in the terms of the contract.
Therefore, think through each item in advance, preferably taking into account the company’s plans, the implementation of which may require the participation of a new employee.
Let's start with the standard things and then move on to the most interesting ones.
In order to correctly draw up an employment contract, you should pay attention to the following information:
full name of the employer (both individuals and legal entities) and full name of the employee;
documents proving the identity of the employee and the employer - a private person;
information about the employer’s representative and documents confirming his authority to conclude an agreement - for legal entity;
date and place of conclusion of the contract;
employee's place of work;
list of labor rights and responsibilities of the employee;
validity period of the employment contract (start date of work or specific period of validity up to 5 years);
terms of payment ( tariff rate or salary, allowances, additional payments, bonuses);
work and rest regime (work schedule, number of working hours, additional days off, etc.);
compensation for difficult working conditions or work with harmful or hazardous conditions, if such are required by law;
information about specific responsibilities (unscheduled business trips, etc.);
on providing the employee with medical and social insurance without fail in accordance with the law;
other conditions that were not included in the previous list and that do not contradict Russian legislation.
Additional terms
Most often, we introduce additional conditions depending on the position or responsibilities. This:
probation;
conditions of non-disclosure of trade secrets;
terms of additional insurance;
employee financial responsibility and more.
The employment contract is concluded in two copies, signed by both parties and certified by the seal of the company hiring the person.
After hiring a new employee, familiarize him with the employment order and other possible regulations of the organization, as well as the collective agreement. It is worth considering common mistakes when concluding a contract. Most employers face them.
Different things
But the contract is primary, so all disputes that arise will be resolved on its basis.
What to do: ideally, the employment order and the employment contract should fully comply with each other. But if there is no desire to write long orders, then the terms of the contract can be stated in them abbreviated or incompletely.
The most important thing is not to include provisions in the order that contradict the contract or are not specified in it at all. In this case, they will have no legal force.
Probation
It happens that the contract does not directly say about the probationary period and does not set specific dates. Then the employee is considered hired without a probationary period.
And it becomes impossible to fire him as having failed the test.
What to do: be sure to specify a certain trial period in the contract. By general rule it cannot exceed 3 months, and for managers and accountants – 6 months.
A very important point: the period of temporary disability of the employee and other periods when he was actually absent from work are not included in the probationary period.
For no reason
A fixed-term employment contract is concluded without sufficient grounds: if the employer does not want to enter into a new agreement, and the employee does not agree with this, he can go to court with a statement of violation of his rights.
In doing so, he will rely on Article 58 of the Labor Code of the Russian Federation. It provides for a ban on concluding fixed-term employment contracts in order to evade the provision of guarantees to which the employee would be entitled if a contract was concluded with him for an indefinite period.
What to do: The Labor Code of the Russian Federation (Article 59) establishes an exhaustive list of cases in which a fixed-term employment contract can be concluded with an employee. An employment contract should be drawn up in accordance with it.
Then no court will accuse the employer of violating the rights of the employee.
After the rain on Thursday
Suppose you find yourself in a situation where the contract has expired, and the employee continues to work at the company: in this case, it is considered that the contract has become indefinite. Even if you entered into a new contract for a certain period, it no longer matters.
What to do if the employment contract has expired and you do not want to make it permanent? It is necessary to issue orders to dismiss the employee and rehire him.
Only after this can you conclude another fixed-term contract.
Otherwise, the contract can be transformed into one concluded for an indefinite period on the basis that neither party requested its termination when the term expired.
Where I am?
The employment contract does not indicate the specific place of work of the employee: then it becomes very difficult to fire the employee for absenteeism.
The court may reinstate the dismissed person and oblige the organization to pay him compensation in the amount of the earnings that he could have received from the moment of dismissal until the day the sentence comes into force.
What to do: be sure to specify in the contract the employee’s place of work, indicating the structural unit. And in no case should you limit yourself to general phrases.
A structural unit should be understood as branches, representative offices, as well as departments, workshops, areas, etc. Therefore, it is better to play it safe and name a specific place where an employee’s absence for more than 4 hours will be considered absenteeism.
"Floating" duties
The employee's responsibilities are stated very briefly or vaguely in the contract.
The employer does not have the right to demand the performance of work not stipulated by the employment contract. It will be difficult to object to a subordinate’s statement that certain tasks are not part of his duties.
Especially if you want to fire him because he failed to cope with these “additional” responsibilities.
What to do: write down the responsibilities in great detail, as already mentioned, taking into account possible additional functions.
Standard contract forms are not suitable - they specify responsibilities too vaguely, and this can lead to serious consequences.
You also can’t do without a job description, but we’ll talk about that a little lower.
If there is not even this, then you, as an employer, will not be able to prove either to the employee or to the court in the event of a dispute that he was not suitable for the position held.
In any case, the prescribed duties can become your argument when dismissing a person. Imagine a situation where you reasonably, directly, point by point, explain exactly which issues he could not cope with.
Understanding in this case can be achieved. Or another situation: you say that the employee cannot do this and that, and he replies that he didn’t sign up for this at all, or thinks that he did it, and you can keep your opinion to yourself. The confrontation is obvious.
Private firms are not required to create job descriptions for their employees. This obligation is established only for government agencies. But the choice is yours. Ultimately, you can make your life easier.
What did you sign up for?
Lack of job description: In the contract, the employer specifies that the employee must perform duties “in accordance with the job description,” but no instructions are attached to it.
Moreover, the employee was not even familiar with the instructions located in the HR department.
What to do: provide the employee with a copy of the job description.
He needs to study it carefully and sign the original.
The second option is to indicate in the contract itself that the job description is an “integral part of the contract”, attach it to the contract and provide the employee with both documents. And of course, he must subscribe to the application too.
By the way, based on the experience of my lawyer: make it a rule to sign yourself and submit absolutely all pages of documents for signature. This is reinsurance, but in business anything can happen.
We're going downhill
The contract specifies the maximum salary, and then it changes (lowers) depending on the circumstances.
Such actions are illegal and can be appealed in court. According to the Labor Code, you must notify the employee at least two months in advance, and in writing. The law will still be on the employee’s side. Don't expose yourself to the article.
As usual, the unfortunate person must sign the “sentence,” thereby confirming that he is familiar with it.
What to do: indicate the minimum salary in the contract. And everything else should be paid in the form of various bonuses. These could be bonuses, various compensations, etc.
The conditions for receiving such payments must be specified in the regulations on wages at the enterprise.
No one has seen a copy
The second copy of the contract was not given to the employee or a receipt was not taken from him.
In both cases, the employee may claim that the contract was not provided to him.
What to do: always conclude an employment contract in two copies. One remains in the HR department, the other with the employee. Moreover, the first one should be done differently - from the employee. Moreover, on the first one you should make a note that the second copy was handed over to the employee. Then there will be no complaints.
"She's pregnant..."
Termination of an employment contract at the initiative of the employer with persons with whom he does not have the right to terminate it.
Such employees may apply to the court to demand reinstatement. In addition, for such violations of labor legislation, the employer may be subject to a fine in the amount of 500 to 5,000 rubles (according to the Code of Administrative Offenses of the Russian Federation).
And if the violation is not eliminated, the manager may be disqualified in court for up to three years.
What to do: remember the list of persons with whom the employer does not have the right to terminate the employment contract on its own initiative.
These are pregnant women; women with children under three years of age; single mothers raising children under 14 years of age; workers under 18 years of age; employees during periods of temporary incapacity for work.