How is a fixed-term employment contract terminated by agreement of the parties?

Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are:
1) agreement of the parties (Article 78 of this Code);

2) expiration of the employment contract (Article 79 of this Code), except for cases where the employment relationship actually continues and neither party has demanded its termination;

3) termination of an employment contract at the initiative of the employee (Article 80 of this Code);

4) termination of an employment contract at the initiative of the employer (Articles 71 and 81 of this Code);

5) transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);

6) the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of this Code);

7) the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);

the employee’s refusal to transfer to another job, required for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (parts three and four of Article 73 of this Code);

9) the employee’s refusal to be transferred to work in another location together with the employer (part one of Article 72.1 of this Code);

10) circumstances beyond the control of the parties (Article 83 of this Code);

11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).

(Part one as amended by Federal Law No. 90-FZ dated June 30, 2006)

An employment contract may be terminated on other grounds provided for by this Code and other federal laws.

Part three is no longer valid. — Federal Law of June 30, 2006 N 90-FZ.

Discussion of the terms of the agreement

If the employee or employer has agreed to the dismissal proposal by agreement of the parties, then the most important stage begins - discussing all the details. Such conditions should not be imposed by one party. That is, both the employee and the employer must come to a common agreement based on the results of the negotiations, since termination of the contract is interesting to both of them.

Let’s remember the situation with Ivan and “LLC” Rose. Ivan, as an employee, may be interested in early termination by agreement of the parties, as he wants to receive good compensation upon dismissal. And Rosa LLC, as an employer, is interested in “getting rid of” Ivan, who is not interested in work, and quickly finding a new employee who will be happy to complete tasks.

To avoid possible legal disputes, the employer should not pressure or force the employee to sign an agreement on its terms. Otherwise, such an agreement may be declared invalid and the dismissal may be illegal.

Discussion of terms does not always look like negotiations. Often, an employee reads a pre-prepared text of an agreement and, before signing it, makes a decision: agree completely with its terms, make any changes to it, or completely refuse the proposed conditions.

Let's consider the most important questions that may arise during the discussion stage:

1. What terms are the parties discussing?
   The most important thing is to reach agreement on the date of termination of the contract, since labor legislation does not establish “work periods”, as, for example, when dismissal is initiated by an employee.

   Since the Labor Code of the Russian Federation does not establish special compensation payments upon dismissal by agreement of the parties, the employee and the employer can also discuss the amount of such payments.

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   It should be noted that the parties have the right to determine any conditions of dismissal, since the law does not limit them to this (for example, an employee, before terminating a fixed-term contract, can ask the employer for leave, etc.).

2. Who draws up the agreement?
   As a general rule, the text of the agreement is developed either by a personnel officer (HR specialist), or a lawyer, or another representative of the employer who knows labor law.

   After this, the agreement is transferred to the employer and employee for review. However, the employee may insist that he also participate in developing the text of the agreement.

How to draw up a document (with a sample)?

Labor legislation does not contain a generally accepted example of an agreement, so in each specific case such a document may look different. However, in practice it is customary to compose it as follows (see example):

Agreement on termination of a fixed-term employment contract (sample)

A set of elements that are recommended to be specified when compiling this document:

1. Agreement header, which includes:
   Information about the parties to the labor relationship - the full name of the employer and full name of the employee.
2. The date the agreement was signed, as well as its number, which is indicated for internal recording of the employer’s documents.
3. Information about the fixed-term employment contract (number and date of conclusion, you can also indicate the expiration date of the contract).

1. The main part of the document, which consists of the terms of the agreement reached. As a general rule, these conditions include:
   Date of the employee’s last working day (date of termination of the fixed-term employment contract). Any date can be set, that is, the employee and the employer can decide to terminate a fixed-term employment contract either on the day the agreement is signed or several months after its signing.
2. Compensation payments and additional remuneration that are due to an employee upon dismissal. The employer, in agreement with the employee, can determine any amount of such payments. To avoid disputes, it is best that the exact amount of compensation be specified in the agreement. Since the employer does not always fulfill its obligations in good faith, the employee is recommended to insist that the date of payment be clearly stated, as well as penalties for late payment.
3. Other obligations on the part of the employer (for example, providing the employee with leave before terminating the contract, etc.).
4. Responsibilities that an employee must fulfill before leaving (for example, putting the workplace in order, finishing a project, transferring materials to a colleague, etc.).
5. The parties have no claims against each other.
6. Signatures of the parties. When signing an agreement, the employee should pay attention to the authority of the person signing the document on the employer’s part.

Important! The document is drawn up in two copies.

Recommended reading:

How to quit your job remotely?

How to cancel a dismissal and withdraw an application?

Is it a working day or not?

Article 79. Termination of a fixed-term employment contract

(as amended by Federal Law No. 90-FZ of June 30, 2006)

A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing of the termination of the employment contract due to its expiration at least three calendar days before dismissal, with the exception of cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.

(Part one as amended by Federal Law No. 90-FZ dated June 30, 2006)

An employment contract concluded for the duration of a specific work is terminated upon completion of this work.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

An employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

An employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season).

(Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

Who is the initiator?

Labor legislation provides that dismissal can be initiated by both the employee and the employer. In order to begin the process of terminating a fixed-term employment contract, one of the parties should make a proposal to terminate the employment relationship.

Such an offer may be made either in writing or orally. That is, one of the parties can simply come to the other party in order to inform about the termination of the fixed-term employment contract.

However, the oral form of the proposal assumes that the parties will not have confirmation of the voluntariness of initiating dismissal.

Therefore, it is recommended to draw up a written document - a proposal (application) to terminate a fixed-term employment contract. Such a document is either given to one of the parties to the labor relationship, or sent through convenient communication channels (mail, e-mail, etc.).

The form of the offer is not enshrined in labor legislation, so the main thing is that it contains the intention to terminate a fixed-term employment contract (see Examples).

Sample proposal to terminate a fixed-term employment contract by agreement of the parties (initiator - employee):

Proposal to terminate a fixed-term employment contract by agreement of the parties (initiator - employee)

If the initiator is an employer:

Proposal to terminate a fixed-term employment contract by agreement of the parties (initiator - employer)

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Important!

The proposal may or may not specify the exact date of termination of the employment relationship. Since the employee is the weak party in labor relations, it is important for him to understand that if he writes down the date of dismissal in the offer and does not indicate any further conditions, and the employer agrees to this, then he will not be able to refuse further dismissal (clause 20 of the PPVS No. 2 dated March 17, 2004: cancellation of the agreement is possible only by agreement of the parties).

Therefore, when drawing up an application, it is recommended that the employee either indicate all the conditions of dismissal (compensation payments, date of dismissal, etc.), or indicate only his intention to terminate the fixed-term employment contract.

In judicial practice, the following position has been developed: in the absence of a separate document in the form of an agreement, dismissal by agreement of the parties is recognized as legal if the employee’s application indicates a specific date for termination of the contract, and there is also an order for dismissal (see Determination of the Moscow City Court dated August 24, 2010 in the case N 33-26190).

Having received an offer to terminate the employment relationship, the employer or employee can either agree to the further procedure for terminating the contract (by signing a document) or refuse. By signing the application, the other party can offer their terms of the agreement, that is, agree to terminate the fixed-term employment contract subject to conditions.

Example.

Let’s imagine that Ivan works at Rosa LLC under a fixed-term employment contract. The employer sees that Ivan is not particularly interested in the work process, so he sends him a proposal to terminate the contract.

After thinking for several days, Ivan comes to the conclusion that he does not want to quit. In this situation, the employer will not be able to force Ivan to resign. If Ivan agrees and signs the proposal, then the parties move on to the next stage.

Recommended reading:

The procedure for dismissing an employee upon expiration of the employment contract

Procedure for terminating a fixed-term employment contract at the initiative of the employee

Termination of a fixed-term employment contract at the initiative of the employer

Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Does an employee have to work off?

If a fixed-term employment contract ends prematurely, the same rules apply as with a permanent employment contract. This means that the parties must comply with notice periods for dismissal. This is not required only in the following cases:

• When an employee is fired for violating discipline or the law. No work needed here.
• When dismissal occurs against the will of the parties (for example, when an employee is drafted into the army).
• When the parties agreed differently. With the consent of the employer, the employment contract at the request of the employee can be terminated immediately, and the employee, warned of the upcoming dismissal, can agree to early termination.
• When, according to the law, dismissal without service is allowed. For example, if the dismissal is caused by the inability to continue the employment relationship for objective reasons, the employee may resign within the period specified by him.

Article 81. Termination of an employment contract at the initiative of the employer

An employment contract can be terminated by the employer in the following cases:

1) liquidation of an organization or termination of activities by an individual entrepreneur;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

2) reduction in the number or staff of employees of an organization or individual entrepreneur;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

3) the employee’s inconsistency with the position held or the work performed due to insufficient qualifications confirmed by certification results;

(clause 3 as amended by Federal Law dated June 30, 2006 N 90-FZ)

4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;

6) a single gross violation by an employee of labor duties:

a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts);

(as amended by Federal Law No. 90-FZ of June 30, 2006)

b) the appearance of an employee at work (at his workplace or on the territory of an organization - employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, narcotic or other toxic intoxication;

(clause “b” as amended by Federal Law dated June 30, 2006 N 90-FZ)

c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

d) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

e) a violation by an employee of labor safety requirements established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (industrial accident, breakdown, catastrophe) or knowingly created a real threat of such consequences;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer;

the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

9) making an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;

11) the employee submits false documents to the employer when concluding an employment contract;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

12) has become invalid. — Federal Law of June 30, 2006 N 90-FZ;

13) provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization;

14) in other cases established by this Code and other federal laws.

The procedure for certification (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of workers.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

In the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization.

(Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.

(Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)

It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation.

(Part six introduced by Federal Law No. 90-FZ of June 30, 2006)

Found documents on the topic “form for termination of employment contract”

1. Sample request for a reasoned opinion of the elected body of a primary trade union organization on the issue of termination of employment contracts with employees Enterprise records documents → Sample request for a reasoned opinion of the elected body of a primary trade union organization on the issue of termination of employment contracts with employees
2. Calculation note upon termination (termination) labor agreement with an employee (dismissal). Form N T-61
   Enterprise records management documents → Calculation note upon termination (termination) of an employment contract with an employee (dismissal). Form N T-61

   document “calculation note upon termination ( termination ) of an employment contract with an employee (dismissal). form n t-61″ in excel format you can get from the link “download...

3. Order (instruction) to terminate (termination) labor agreement with an employee (dismissal). Form N T-8
   Enterprise records management documents → Order (instruction) on termination (termination) of an employment contract with an employee (dismissal). Form N T-8

   ... order (instruction) on termination ( termination ) of an employment contract with an employee (dismissal) to terminate the employment contract from “...

4. Sample. Certificate of write-off of damaged forms labor books
   Accounting statements, accounting → Sample. Act on writing off damaged work record forms

   m.p. I approve to the head of the enterprise (signature, surname and initials) an act for writing off damaged forms of work books of the year "" 20 by us (the positions, initials and surnames of the members of the commission for writing off the forms are listed ...

5. Order (instruction) to terminate (termination) labor agreement with employees (dismissal). Form N T-8a
   Documents of the enterprise's office work → Order (instruction) on termination (termination) of the employment contract with employees (dismissal). Form N T-8a

   ... order (instruction) on termination ( termination ) of an employment contract with employees (dismissal) to terminate employment contracts with employees (dismiss) (unnecessary w...

6. Sample wording of orders and entries in labor book related to termination labor agreement (contract) at the initiative of the employee
   Employment agreement, contract → Sample wording of orders and entries in the work book related to the termination of an employment agreement (contract) at the initiative of the employee

   samples of approximate wording of orders and entries in the work book related to the termination of an employment contract at the initiative of the employee +-+ in the order, an entry in column 3 of the work book “information about admission to ...

7. Accounting receipt and expense book form forms labor book and insert
   Documents of the enterprise's office work → Form of the receipt and expenditure book for recording the forms of the work book and the insert in it

   ...2 to the resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69, receipt and expenditure book for recording work forms and inserts in it...

8. Sample wording of orders and entries in labor book related to termination labor agreement (contract) on the grounds provided for in Art. 29 Labor Code of the Russian Federation
   Employment agreement, contract → Sample wording of orders and entries in the work book related to the termination of an employment agreement (contract) on the grounds provided for in Art. 29 Labor Code of the Russian Federation

   samples of approximate wording of orders and entries in the work book related to the termination of an employment agreement (contract) on the grounds provided for in Art. 29 Labor Code of the Russian Federation +-+ in the order entry in column 3 labor ...

9. Agreement on termination agreement donations
   Agreement on donation of real estate and other valuables → Agreement on termination of the gift agreement

   agreement to terminate agreement (date in words) we, , residing in and , residing in, have entered into this agreement on the following...

10. Claim with demand termination agreement
    Statements of claim, complaints, petitions, claims → Claim demanding termination of the contract

    ... living at the address: tel. statement On June 18, 2012, I entered into agreement No. with your company for the supply, according to your company’s catalog, of a spare part for a car, namely an engine cooling radiator for a car me...

11. Claim with demand termination agreement car purchase and sale
    Statements of claim, complaints, petitions, claims → Claim demanding termination of the car purchase and sale agreement

    ... and Article 23 of the Russian Federation Law “On the Protection of Consumer Rights” for violation of the deadlines for eliminating deficiencies and returning money in connection with the termination of agreement , the seller is obliged to voluntarily pay the consumer a penalty in the amount of...

12. Requirement for termination agreement purchase and sale
    Statements of claim, complaints, petitions, claims → Request for termination of the purchase and sale agreement

    ...res of the seller organization) from , (full name of the buyer) residing at the address: demand for termination contract , compensation for losses and payment of penalties "" 20 years ago I purchased from you (hereinafter referred to as the "goods&...

13. Claim about termination agreement purchase and sale
    Statements of claim, complaints, petitions, claims → Claim for termination of the purchase and sale agreement

    ...to the address: tel. claim “” 2012, I entered into agreement for TV “x” at a price of () rubles, which is confirmed by cash and sales receipts and warranty...

14. Sample. Who termination (appendix to agreement for comprehensive services for the development, distribution and placement of securities)
    Securities and shares, issue → Sample. Termination act (annex to the agreement for comprehensive services for the development, distribution and placement of securities)

    to contract no. dated "" 20, act of termination of contract no. "" 20 1. this act has been drawn up to confirm that the above agreement is terminated...

15. Claim with demand termination agreement car purchase and sale
    Statements of claim, complaints, petitions, claims → Claim demanding termination of the car purchase and sale agreement

    ... and Article 23 of the Russian Federation Law “On the Protection of Consumer Rights” for violation of the deadlines for eliminating deficiencies and returning money in connection with the termination of agreement , the seller is obliged to voluntarily pay the consumer a penalty in the amount of...

Article 83. Termination of an employment contract due to circumstances beyond the control of the parties

The employment contract is subject to termination due to the following circumstances beyond the control of the parties:

1) conscription of an employee for military service or sending him to an alternative civilian service that replaces it;

2) reinstatement of an employee who previously performed this work, by decision of the state labor inspectorate or court;

3) failure to be elected to office;

4) sentencing of an employee to a punishment that precludes the continuation of previous work, in accordance with a court verdict that has entered into legal force;

5) recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

6) death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing;

7) the occurrence of emergency circumstances that impede the continuation of labor relations (military action, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a government body of the relevant subject of the Russian Federation;

disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract;

(Clause 8 introduced by Federal Law No. 90-FZ of June 30, 2006)

9) expiration, suspension of validity for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, right to carry a weapon, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee fulfilling his duties under the employment contract;

(Clause 9 introduced by Federal Law dated June 30, 2006 N 90-FZ)

10) termination of access to state secrets if the work performed requires such access;

(Clause 10 introduced by Federal Law No. 90-FZ of June 30, 2006)

11) reversal of a court decision or cancellation (declare illegal) of the decision of the state labor inspectorate to reinstate the employee at work;

(Clause 11 introduced by Federal Law dated June 30, 2006 N 90-FZ)

12) bringing the total number of employees who are foreign citizens or stateless persons in accordance with the permissible share of such employees established by the Government of the Russian Federation for employers carrying out certain types of economic activities on the territory of the Russian Federation;

(Clause 12 introduced by Federal Law dated December 30, 2006 N 271-FZ)

13) the occurrence of restrictions on engaging in certain types of labor activity established by this Code, other federal law and excluding the possibility of an employee fulfilling his duties under an employment contract.

(Clause 13 introduced by Federal Law dated December 23, 2010 N 387-FZ)

Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9, 10 or 13 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (either a vacant position or a job that corresponds to the employee’s qualifications, or and a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

(as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated December 23, 2010 N 387-FZ)

An employment contract on the basis provided for in paragraph 12 of part one of this article is terminated no later than the end of the period established by the Government of the Russian Federation for employers carrying out certain types of economic activities on the territory of the Russian Federation to bring the total number of employees who are foreign citizens or stateless persons to compliance with the permissible share of such employees.

(Part three introduced by Federal Law of December 30, 2006 N 271-FZ)

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Types of employment contracts

The main difference between employment contracts is their duration. In Soviet times, as a rule, it was not determined for what period an employee would start working. Contracts were concluded without a deadline.

Today this type is also the most popular. However, increasingly, the document regulating the relations of the parties includes a period after which these relations can be terminated. There are a number of important nuances here that require separate consideration.

Based on the duration, there are two types of employment contracts:

1. urgent;
2. unlimited

If we talk about the nature of labor relations, then we can distinguish a more extensive number of options:

• main: is concluded at the enterprise, which is the main place of employment for the employee;
• temporary: a period of no more than two months is established;
• part-time: when an employee has the opportunity to work at other enterprises. You should be aware that in some cases an employee of an enterprise does not have the right to part-time employment;
• for a season: when there is a need to perform certain functions within a documented time;
• performing functions at home;
• when the employer is an individual;
• performing functions in the Civil Service.

When establishing labor relations, it should be taken into account that the legislation provides a list of categories of persons to whom labor law norms adopted at the state level do not apply.

This:

• persons included in the board of directors;
• military personnel, if they perform their official duties;
• citizens whose work is based on civil contracts;
• persons for whom there are provisions of federal law.

An employment contract is something that needs to be taken extremely seriously. At its core, it is an internal law of the enterprise that regulates the activities of the employee and determines the responsibilities of the employer. It should become a guide to action for both the employer and the employee.

If the document does not take into account something important, for example, related to the employee’s duties, the employee will not be obliged to do something for which he did not sign. Just like the employer will not have to fulfill obligations that he did not give.

When concluding an employment contract, the parties must be extremely careful and take into account the specific situation and specific conditions.