What is an employment agreement and how is it different from an employment contract?

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As a rule, hiring an employee is accompanied by the conclusion of an employment contract. All relations related to the conclusion, amendment and termination of an employment contract are regulated by Section 3, Part 3 of the Labor Code of the Russian Federation.

Features of document preparation

1. Completed sample lease agreement
2. Contents of the agreement
3. Contract form
4. Probation
5. Documents required for concluding an agreement

Contents of the agreement

An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide work, ensure working conditions and pay it on time, and the employee undertakes to perform the work for which he was hired, observing the rules of the routine established by the employer - Art. 56 Labor Code of the Russian Federation.

The employment contract must necessarily contain the following information:

1. Full name of the employee and employer, if the employer is a legal entity, name of the organization.
2. Employee passport data – number and date of issue.
3. TIN of the organization.
4. Data of the person who signed the agreement on behalf of the enterprise, and the documents on the basis of which he is granted the right to sign this document.
5. Date and place of conclusion of the contract.
6. The place of work must be indicated if hiring is carried out in a branch located in another area.
7. The start date of work is indicated only in case of concluding a fixed-term employment contract.
8. Remuneration, namely salary according to the tariff schedule, allowances, bonuses and other incentive payments.
9. The work and rest schedule must be specified only if it differs from the general rules of the enterprise for which the employee is employed.
10. If the working conditions at the enterprise are dangerous or harmful to the health of the employee, then the contract must describe his guarantees and compensation provided for work in dangerous or hazardous production.
11. Conditions determined by the nature of the work performed - traveling, mobile, etc.
12. Working conditions.
13. Conditions for concluding an agreement on compulsory social insurance of an employee.

This information is mandatory, but its absence cannot be grounds for termination of the employment contract. The missing information is included in the contract itself, and the missing conditions are included in the annex to the contract - Art. 57 Labor Code of the Russian Federation.

What is an employment contract and why is it needed?

An employment contract is the main document on the basis of which the relationship between an employee and an employer is built.
As stated in the article of the Labor Code of the Russian Federation, within the framework of an employment contract, the employer assumes the responsibility to provide the employee with work, ensure safe working conditions, and also pay wages on time and in full. The employee, in turn, must personally perform a labor function under the management and control of the employer, as well as comply with internal labor regulations. Draw up regulations on remuneration and internal labor regulations using ready-made templates

An employment contract should be drawn up with each employee before he starts work (Article of the Labor Code of the Russian Federation). An article of the Labor Code of the Russian Federation prohibits requiring work to be performed that is not specified in the employment contract. This means that until the signing of a document that will reflect the type of work (position, specialty, job function) and the amount of payment, the employer, in principle, cannot demand anything from the employee.

ATTENTION

Involving employees in work without drawing up written employment contracts with them entails administrative liability. Penalties are: for individual entrepreneurs - from 5,000 to 10,000 rubles, for organizations - from 50,000 to 100,000 rubles (part 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Draw up and print an employment contract for free

Contract form

The employment contract must be concluded in writing and signed in two copies, one of which remains with the employee, and the second is kept by the employer. The issuance of a copy of the agreement is certified by the employee’s signature on a copy of the employer’s agreement.

Important! If the employment contract was not drawn up in writing, but the employee began to perform his duties with the knowledge and permission of the employer, then such an agreement is considered concluded - Art. 67 Labor Code of the Russian Federation.

List of mandatory data of the employment contract

The contract will not be valid if it does not contain the following data:

• Full name of the new employee without abbreviations;
• details of the employee’s identity document;
• name and details of the organization, full name and position of the employer;
• name of the unit and position to be held;
• job responsibilities of the person being hired;
• salary amount;
• guarantees provided by the employer;
• terms agreed upon by both parties;
• date of conclusion of the agreement and signature of the parties.

Probation

A probationary period for employment can only be established by agreement of the parties. If the contract does not contain conditions for a probationary period, then the employee is considered hired without a trial - Article 70 of the Labor Code of the Russian Federation.

If an employee was hired without drawing up an employment contract, then the condition of his probation may be established by a separate agreement concluded before the start of work.

During the probationary period, the employee has all the rights provided for by law, regulations, agreements and contracts containing labor law norms.

A probationary period cannot be assigned:

1. For minors.
2. Pregnant women, as well as women raising a child under the age of one and a half years.
3. Persons who have passed the competition to fill the relevant position.
4. For persons who have received higher education under state programs and are getting a job for the first time - within 1 year after receiving their diploma.
5. Employees who received a transfer job that was agreed upon with the management of the organization.
6. Employees of elected office.
7. Employees who have entered into an agreement for a period of no more than 2 months.

The probationary period for ordinary employees cannot be set for more than 3 months. For managers, chief accountants and their deputies, as well as heads of branches and representative offices, the maximum probationary period is 6 months.

If the term of the employment contract does not exceed six months, then the probationary period cannot exceed 2 weeks. The probationary period does not include the period the employee is on sick leave, as well as the period of his absence from work.

Article 58. Duration of the employment contract

Employment contracts can be concluded:

1) for an indefinite period;

2) for a certain period of not more than five years (fixed-term employment contract), unless a different period is established by this Code and other federal laws.

A fixed-term employment contract is concluded when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, namely in the cases provided for in part one of Article 59 of this Code. In the cases provided for in part two of Article 59 of this Code, a fixed-term employment contract may be concluded by agreement of the parties to the employment contract without taking into account the nature of the work to be performed and the conditions for its implementation.

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

If the employment contract does not specify the duration of its validity, the contract is considered to be concluded for an indefinite period.

In the event that neither party has requested termination of a fixed-term employment contract due to its expiration and the employee continues to work after the expiration of the employment contract, the condition on the fixed-term nature of the employment contract loses force and the employment contract is considered concluded for an indefinite period.

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

An employment contract concluded for a specific period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period.

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

It is prohibited to conclude fixed-term employment contracts in order to evade the provision of rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period.

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

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Termination of an employment contract

The contract may be terminated at the initiative of either party or by mutual agreement.

If an employee wants to leave the organization, he notifies the employer in writing 2 weeks in advance. If the employer does not mind, the employment relationship can be terminated without a working period. If the termination period has passed and the employee continues to work, then the agreement continues to be valid.

The employer's initiative is clearly stated in the Labor Code of the Russian Federation. It is impossible to dismiss an employee during the period of his vacation or temporary disability, with the exception of cases related to the liquidation of the organization.

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Article 59. Fixed-term employment contract

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

A fixed-term employment contract is concluded:

for the duration of the performance of the duties of an absent employee, whose place of work is retained in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract;

for the duration of temporary (up to two months) work;

to perform seasonal work, when, due to natural conditions, work can only be carried out during a certain period (season);

with persons sent to work abroad;

for carrying out work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided;

with persons entering work in organizations created for a predetermined period or to perform a predetermined job;

with persons hired to perform obviously defined work in cases where its completion cannot be determined by a specific date;

to perform work directly related to the internship and professional training of the employee;

in cases of election for a certain period to an elected body or to an elective position for paid work, as well as employment related to the direct support of the activities of members of elected bodies or officials in state authorities and local self-government bodies, in political parties and other public associations;

with persons sent by employment services to temporary work and public works;

with citizens sent to perform alternative civil service;

in other cases provided for by this Code or other federal laws.

By agreement of the parties, a fixed-term employment contract may be concluded:

with persons entering work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people);

with age pensioners entering work, as well as with persons who, for health reasons, in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature;

with persons entering work in organizations located in the Far North and equivalent areas, if this is related to moving to the place of work;

to carry out urgent work to prevent disasters, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances;

with persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;

with creative workers of the media, cinematography organizations, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations;

(as amended by Federal Law No. 13-FZ dated February 28, 2008)

with managers, deputy managers and chief accountants of organizations, regardless of their legal forms and forms of ownership;

with persons studying full-time;

with crew members of sea vessels, inland navigation vessels and mixed (river-sea) navigation vessels registered in the Russian International Register of Vessels;

(paragraph introduced by Federal Law dated November 7, 2011 N 305-FZ)

with persons applying for part-time work;

in other cases provided for by this Code or other federal laws.