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

1. SUBJECT OF THE EMPLOYMENT CONTRACT

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

1.2. The employee is required to start working in 2019.

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

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

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

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee reports directly to the General Director.

2.2. The employee is obliged:

2.2.1. Perform the following job responsibilities: .

2.2.2. Comply with the internal labor regulations established by the Employer, production and financial discipline, conscientiously treat the fulfillment of your job responsibilities, specified in clause 2.2.1. this employment contract.

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

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

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

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

2.3. The employer undertakes:

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

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

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

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

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

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

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

2.4. The employee has the following rights:

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

2.5. The employer has the right:

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

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

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

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

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

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

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

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

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

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

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

4. WORKING AND REST TIME REGIME

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

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

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

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

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

5. EMPLOYEE SOCIAL INSURANCE

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

6. WARRANTY AND COMPENSATION

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

7. RESPONSIBILITY OF THE PARTIES

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

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

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

8. TERMINATION OF THE AGREEMENT

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

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

9. FINAL PROVISIONS

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

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

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

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

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

10. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

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

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

11. SIGNATURES OF THE PARTIES

Employer _________________

Worker _________________

Registration of hired employees for a specific position requires the drawing up of an employment contract. Only this document spells out the main conditions and responsibilities of all parties to the labor relationship. Let's figure out how to draw up an employment contract and what you should pay attention to when concluding it.

Conditions for concluding an employment contract

The key conditions that are assigned to the TD include:

• information about the employee and employer;
• passport details and TIN;
• information about the employer who signs the agreement, his position;
• date and place of preparation of this document;
• working conditions and list of job responsibilities;
• validity period of the document;
• terms of salary payment;
• work schedule;
• compensation in the presence of difficult working conditions;
• social insurance;
• other conditions not included in the list that do not contradict current legislation.

You can’t miss the additional conditions that state:

• test period;
• financial liability of the hired employee;
• confidentiality and non-disclosure of secrets of a commercial enterprise;
• additional insurance.

The most common forms of employment contract with an employee

The Labor Code of the Russian Federation provides for two forms of drawing up an employment agreement:

• urgent, having a limited validity period (no more than 5 years);
• indefinite, the period of employment is not specified, and the person is hired for the position on a permanent basis.

To know how to correctly draw up an employment contract, it is important to pay attention to the contents of the document. It must indicate:

• requisites;
• conditions for hiring a citizen;
• information from all parties to the agreement;
• workplace and time, as well as other provisions.

Simply put, the content consists of mandatory points that are prescribed in the agreement and additional ones.

Important! The agreement must be drawn up in two copies.

Introductory part of the employment contract

It is general in nature and includes:

• document name, number;
• date and place of compilation;
• personal data of the employee;
• information about the employer;
• designation on the basis of which document this operation is carried out.

General provisions

The main provisions of the labor relations of the parties, the probationary period, the effective date of the document (on the day of signing), and the start date for entering the workplace are indicated here.

Rights and obligations of the parties

This part of the document is the most informative, since it clearly indicates the rights of the employee and the hirer, as well as their responsibilities. Here you can describe situations that are unforeseen in nature, the internal routine of the organization.

Download a sample employment contract

Conditions and amount of remuneration

Material remuneration for work performed must be no less than the amount established by the state. In this paragraph, it is worth not only specifying the amount of the salary, but also the procedure for its payment, frequency (monthly, in advances, payment of funds in person or transfer to a bank card).

Working hours, rest and vacations

The information here is often entered in tabular form. When drawing up this paragraph, it is important to take into account the legislation.

The number of working hours per day cannot exceed 8 hours. Employees also have the right to paid annual leave (at least 24 days).

Working conditions, workplace

The provisions and features of the employee’s workplace are specified here. The work equipment, type of work activity and the presence of items harmful to health are also fully listed.

Grounds for termination of an employment contract

Termination of the agreement is permitted at the initiative of any of the parties to the agreement. However, there must be compelling reasons for carrying out this procedure. This clause may not be specified in the agreement itself.

Information about the parties to the agreement

This section contains the main information, without which it may be considered invalid. This includes the full names of the parties, identification documents, bank accounts, and other details.

Bonding and giving legal significance to a document occurs in the presence of signatures and seals.

Design features

To avoid getting into trouble, it is better to negotiate all the terms and conditions of employment in advance. When drawing up a document, there are no restrictions on gender, race, nationality, social, or property. Refusal to employ a pregnant woman or a woman with a child is not allowed. The existence of a violation of current legislation can be challenged in court.

Documents that an employer may require when drawing up an employment contract

1. Identity document.
2. Labor book.
3. Certificate from the FPS.
4. Military ID.
5. Diploma of education.

Probation

If the employer did not indicate specific terms of the probationary period, then it is considered that the employee was hired for the position without it. That is why it is important to specify this point and indicate the exact start and end dates of the test.

Important information! According to general regulatory rules, the probation period cannot be more than 3 months, for managers and accountants - no more than six months.

Unified form TD-1can help the employer draw up an employment contract with the employee. We will tell you in our article how to use the TD-1 form in order to formalize labor relations in a timely manner and at the same time comply with all legal requirements.

An employment contract - is it always necessary?

Most people work in companies or individual entrepreneurs for money. In this case, so that the remuneration received corresponds to the labor expended, and the employer does not abuse the labor of his employees, the employment relationship must be formalized in writing. The requirement for a written form of an employment contract is established by Art. 67 of the Labor Code of the Russian Federation.

Employment contract- the main document drawn up between the employee and the employer upon his employment. If an employer allows an employee to work, but does not draw up an employment contract with him, he may be fined by the State Labor Inspectorate under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Read more about fines for violating labor laws in the material .

Unified form No. TD-1 - when is it applied?

There is no single form of employment contract, because It is impossible to come up with the perfect sample for all occasions. Chief accountant, blacksmith, cook, system administrator - each position brings its own characteristics to the employment contract. For example, only in an employment contract can one provide for the working hours (for some professions with hazardous working conditions, a shortened working day is provided), the duration of vacation (for some categories, not only the main ones are established, but also additional holidays), as well as various types of compensation and guarantees.

But you can make the registration process easier. For this purpose, there is a unified form of an employment contract (form TD-1) - it can serve as the basis for drawing up various employment contracts, since it contains general (standard) conditions provided for by law. You can download the unified form TD-1 on our website.

Example of an employment contract

Let’s say I.P. Kruglov joins Rassvet LLC as an auxiliary worker. To conclude an employment contract with him, the HR department specialist used the TD-1 form, in which he entered all the necessary information.

In accordance with Art. 57 of the Labor Code of the Russian Federation in the employment agreement provide necessary information, mandatory and additional conditions. The employment contract with I.P. Kruglov reflected the following necessary information: information about the employer (name, address, Taxpayer Identification Number, etc.), employee (full name, passport details and other information), date and place of conclusion of the contract .

Among the mandatory working conditions are the following: location of the employee’s workplace in accordance with Part 6 of Art. 209 of the Labor Code of the Russian Federation, labor function (taking into account the requirements of Article 60 of the Labor Code of the Russian Federation), date of start of work, terms of payment (tariff rate, bonuses, additional payments, allowances), working hours and rest periods, condition of compulsory social insurance.

In addition to the necessary information and mandatory conditions The text also indicated an additional condition (Article 57 of the Labor Code of the Russian Federation) - a probationary period.

You can see a sample of filling out the TD-1 form on our website.

Results

An employment contract with an employee must be concluded in writing. When completing it, you can use the unified form TD-1 as a basis, in which you must indicate all the necessary information, mandatory and additional conditions.

How to draw up an employment contract with an employee? To give the employment relationship legal force, it is important to comply with the following formalization rules:

1. A standard employment contract with an employee is drawn up in written (paper) form - the primary condition for its existence. It cannot exist within the framework of an oral agreement.
2. The signing of the agreement is carried out by persons who have the appropriate set of authorized rights.
3. The main structural elements of the document are the information and conditions relating to work regulated by the labor parties.
4. Conditions in the text of the document can only be entered by the employee and the employer. The employer cannot worsen the set of employee rights defined by the Labor Code.

REFERENCE! In institutions, the development of the text of the employment contract, the final document, is carried out by structural subdivision, responsible for maintaining personnel.

In the absence of such a structure (in small organizations), this is done by a specific official appointed by the head of the organization.

When filling out the form, please be aware that divided into two main groups: information about the work (organization) and conditions.

At the same time, conditions are divided into mandatory and additional.

Intelligence

The information includes the following data:

• name of the employing organization, full name of its director, who has the right to sign the document, as well as the official basis for obtaining such rights (“Naberezhnye Chelny LLC Enterprise” represented by director Anton Nikiforovich Zykin, acting on the basis of the Regulations...”);
• Employee's name;
• information about the document identifying the employee (this identifier is passport, insurance certificate, etc.);
• addresses of the parties(the employing organization indicates its location, and the employee indicates its place of residence);
• taxpayer identification number(employer);
• place of conclusion of the contract, the date of its signing (“Moscow April 17, 2012”).

IMPORTANT! Basic information is located both in the preamble and at the end of the document. If the position of the information details changes, this will not be a basis for non-recognition of the employment relationship as legal, nor for the employer to re-register the employment contract.

Conditions

What should be specified in an employment contract?

Most of the document's information consists of terms and conditions.

Among the mandatory conditions worth highlighting:

• place of work, which should be understood as the address of the organization, and, if possible, where the employee will work (“Gogol Street, building 11, building 3, office 14”). In addition, the employer, in additional conditions, may detail the place of work specified in this paragraph;
• labor function, suggesting a specific employee position in the employer’s organization. The employee's position is written out from the staffing table. If possible, provide a link to the relevant job description(“HR inspector, whose activities are prescribed in the instructions...”);
• the date from which the employee is included in the structure of the organization and begins to perform his work (“Start of work: 03/11/2013”).

IMPORTANT! Employee absence on the day specified in the document, leads to the cancellation of the contract regardless of whether the order to hire the employee has entered into force.

• contract time. An employment contract is by definition open-ended. But there are cases when an employee is hired by an institution for a certain period of time (this may be due to the seasonality of work, the specifics of his activity, replacing an employee who is sick or on a business trip, etc.);
• terms of remuneration prescribed in the contract on the basis of a document regulating the staffing level and structure of the organization. The amount of the employee’s mandatory minimum rate (salary) is fixed. Listed, among other things, in the allowance clause, the additional payments provided for;
• working hours and rest periods reflected in special cases. Especially if the employee works on a specific schedule (for example) or is engaged in work in hazardous conditions labor. Here, when marking the beginning/end of shifts, the possibility of technological and other breaks is noted, the provision of leave (paid annual, additional) is guaranteed;
• conditions determining the nature of the work: , etc. This paragraph also draws a line between and and workers working in their main job;
• conditions relating to compulsory social insurance. They guarantee that contributions will be made to the Social Insurance Fund and to the pension fund;
• other conditions specified in the relevant federal laws, presidential decrees and government regulations.

Additional conditions include those conditions that are necessary to specify and clarify the obligations of the parties.

IMPORTANT! Additional terms must not worsen the obligations of the parties compared to the norms of current labor legislation.

The Labor Code provides several examples of additional conditions:

1. As already mentioned, the place of work may be clarified. Up to indicating a specific office, brand of car, machine, etc.
2. A significant condition may be established for the employee (no more than 3 months for full-time employees, and also no more than 6 months for management).
3. A condition for maintaining secrets within the organization, the protection of which is regulated by law (commercial, official, state, personal data, etc.).
4. A condition that presupposes an obligation on the part of the employee to work in the organization that paid for his training (the maximum period of such “working” is 5 years).
5. A condition that guarantees the improvement of living conditions, housing, social (renting housing, purchasing it at the expense of the organization, providing funds to improve housing conditions, etc.).

Duties of the parties

Sample employment contract with an employee (filling example):

Availability of application

In order for the clauses of the employment contract to be specified in the future, a document or set of documents facilitating this is often attached to it. There is a need for them due to the fact that thanks to them the structure of the document does not become more complicated and they prevent an overabundance of information in it.

So, for example, it is not always possible to reflect in an employment contract full list those functions of the employee that he must perform in agreement with the employer. And so that it does not consist of several dozen pages, to it attach job description, reflecting the duties, rights and responsibilities of the employee.

You can create a separate document. And this is convenient: by referring to the text of the instructions, you can, without cluttering up the contract, fulfill everything within the framework of labor legislation.

Storage

After passing the stages associated with giving the contract legal force, one copy of it remains with the employee.

The situation with the employer’s copy is different: it must be stored in the employee’s personal file or, failing that, in a specialized folder called “employment contracts of employees whose personal files are not subject to maintenance.”

The folder contains items in alphabetical order.

Starting from March 13, 2016, the storage of documents has undergone changes. Thus, personnel documentation must now be stored differently from what was established earlier - 75 years, and a quarter of a century less - 50 years.

Changes of this kind are primarily due to the fact that archives of organizations cannot cope with storing documents. More precisely, such a long storage period did not allow them to unload the archival funds to ensure the receipt of new documentation. And for employers this was a problematic issue.

Structurally, an employment contract is a complex document that allows you to reflect the fact that an employment relationship has arisen. Therefore, it is so important to be guided by the basic normative, methodological
recommendations for its preparation to prevent various kinds errors.

Useful video

You will learn recommendations from professionals on how to correctly draw up an employment contract in the video presented:

As a rule, official employment in the territory Russian Federation must be accompanied by the conclusion of an employment contract between the employer and the specialist. This provision is regulated by the norms of the Labor Code of the Russian Federation.

Standard form for 2017-2018.

The standard form of an employment agreement must contain the following items:

1. First of all, the agreement itself is necessary. The rights and obligations of the employer and specialist and the reasons for drawing up the agreement should be written down here. In short, here you need to write down the name of the position for which the employee will be applying.
2. Information about the duration of the agreement. This line is needed to confirm that the agreement is open-ended (otherwise you must specify the expiration date). There is no strict regulation for this column.
3. Information about the rights granted and responsibilities imposed on the employee.
4. Information about the rights that the employer will have and his responsibilities to workers.
5. Social package benefits. The benefits provided by law to all employees are listed here.
6. Order on operating hours. Here you need to record information about your work schedule, days of rest, and vacation time.

If a specialist is required to undergo an internship or is on a probationary period, then this information must be reflected in the contract. This provision can be written down as a separate paragraph or it can be supplemented with an order on the operating mode at the enterprise.

Structure and content

It is important that the following provisions are included in main terms of the agreement. According to Art. 57 of the Labor Code of the Russian Federation, the contract must reflect:

This agreement may list all the main terms. Important, that If there are typographical errors or incorrect execution, the contract may be declared invalid.

If the above provisions violate the rights and obligations of a specialist provided for by law, then the contract may also be declared invalid.

A contract is concluded between the employer himself (a proxy can act for him) and directly with the applicant himself. In addition, in accordance with the law, the conclusion of a working agreement can be carried out with specialists who have reached the age of sixteen years. It is worth noting here that there may be exceptional cases listed in the Labor Code or in federal laws.

Thus, citizens who have reached the age of fifteen can sign a work contract if it is envisaged light work.

Main job

To conclude this agreement, the law requires a number of documents:

• identity document;
• diploma of completion higher education(or graduation from vocational school);
• a specialist’s work book (if he officially gets a job for the first time, it is issued by the employer);
• certificate containing data on pension insurance;
• military ID if you have one.

In accordance with the law, the employer may additionally request following documents:

• certificate from a drug dispensary;
• certificate from psychoneurology;
• a certificate confirming no criminal record;
• medical record;
• certificate of family composition;
• income certificate.

If the demands put forward are legal, then the applicant cannot refuse.

This agreement is also concluded in the case of applying for a part-time job. The law allows it to be concluded in several companies at once. But there is a condition: the employee cannot work in one place for more than four hours a day.

In addition, this contract must list all the social guarantees that are provided to ordinary workers. This document will have exactly the same legal weight as its counterpart with permanent place work.

Individual

Initially, it is necessary to determine who these individuals are in accordance with the labor code. They can be divided into two groups:

1. Individuals who have registered as individual entrepreneurs, as well as notaries or lawyers.
2. Individuals who enter into a work relationship for the purpose of obtaining maintenance or housekeeping services. The hired specialists, as a rule, are transactions, nannies, drivers, cooks, gardeners, etc.

From the above it follows that individuals who are not registered as individual entrepreneurs can enter into a work contract. This is possible provided that the employer reaches the age of eighteen.

It is also worth noting that minors can also enter into this agreement if certain conditions are met, namely, they are required to have a source of permanent income and written permission from their parents or guardians.

All the nuances work activity at individual, which does not have the status of an individual entrepreneur, are reflected in Article 48 of the Labor Code of the Russian Federation.

The position of the general director in this agreement should be displayed exactly as it is written in LLC charter. This is necessary and important, since the manager is a representative of the organization and acts on its behalf. It will also be possible to include provisions regarding the probationary period in the employment contract.

For such a position, his maximum term may be up to six months. If there is no provision for a probationary period, then it is legally considered that there is none. In addition, the employment agreement itself may indicate the amount of compensation in the event of termination of the contract. Her minimum size in accordance with the Labor Code should be equal to three monthly salaries.

One of the important points in this agreement with the manager is the provision on non-disclosure of trade secrets.

Accountant

Since the position of an accountant is responsible for the storage and issuance of funds, this specialist will be subject to material liability.

For accountants, the probationary period may be longer than for ordinary workers. It reaches the six month mark.

Driver

Due to the specific nature of the driver’s work activity, his employment contract will have a number of features. In particular, it is not recommended to indicate provisions about the place of work in the contract itself, since it will not correspond to reality due to the specialist’s constant travel.

When drawing up a contract, you also need to take into account the type of work schedule (floating, shift, regular night shifts). As a rule, an additional agreement is concluded with the driver on full financial liability.

In addition, his employment contract must necessarily include provisions on internship and probationary periods.

Information on the conclusion of the document is presented in this video.

Additional agreement

Article 72 of the Labor Code of the Russian Federation lists points that regulate the procedure for introducing changes to the agreement. The main one is written agreement between two parties. But it is worth noting that there is a number of nuances upon the occurrence of which the employer will have the right to make changes to the employment contract:

1. As a result of changes in the production process at the enterprise. Article 73 of the Labor Code of the Russian Federation provides that if the changed technical. the process will significantly complicate the employee’s work, then changes should be made to the employment contract.
2. As a result of the court ruling. If the employer has taken measures to improve the quality of work, as a result of which amendments were made to the agreement with the employee. The court in this situation takes the side of the enterprise.
3. As a result of transfer to another position. This reason is one of the most common ().
4. When translating without the consent of the specialist himself. This is possible if it performs temporary functions.
5. As a result of being given another job. The employer has the right to instruct an employee to perform other functions. They can expand or narrow the rights and obligations of the worker, which will lead to a change in the employment contract.
6. Assignment to a branch. The employee, while maintaining his position, will perform duties in a branch of the company. These changes will require adjustments to the place of work clause.
7. Notification of changes in working conditions. An employer who wants to change working conditions must inform specialists three days in advance. In turn, employees have the right to refuse them, for which the company is obliged to offer other conditions. Also, the new position must have a monthly salary equal to the previous one. If the worker twice refuses the proposed new conditions, then his contract may be terminated ().
8. Adjustment of work schedule. This is possible if the enterprise optimizes working time. However, it should be noted that all changes in in this case must be approved by the union.

It is important to pay attention to the fact that in addition to the basic conditions, additional conditions are often prescribed in the employment contract. This is necessary for both the employer and the employee because it allows for a more detailed explanation of the responsibilities and rights. Because of this, it becomes much easier to prove your case in court when controversial situations arise.

But, it should be noted here that no provision can violate the rights guaranteed by law. If there are provisions in the employment contract that violate the law, then they may not be fulfilled.

Additional terms that can be included in the contract:

• the time and process of completing the probationary period (if it will be used for this position);
• expanded position data;
• clause on non-disclosure of secrets (commercial or state);
• a clause on improving the quality of life of the worker and his family members;
• a provision providing the opportunity to insure oneself in an additional manner;
• provision on additional pension provision (with private companies);
• addition of provisions on the rights and obligations of the parties to the agreement;
• obligations imposed on an employee who studied for the organization’s money (as a rule, they are obligated to work in it for a set period of time).

Additional conditions are included in the employment agreement as a result of the consent of all its participants. However, they are not mandatory and without them the contract will be valid.

Differences from civil law

Nowadays, civil law contracts have begun to be used quite often in practice. instead of labor. In general, this is due to the fact that the employer wants to significantly reduce the list of rights and social package of its employees.

The essence of this agreement is that it implies a customer-performer relationship. In other words, he does not confirm the employment relationship.

Consequently, an employee registered under this agreement will not receive a social package guaranteed by the state (sick leave, vacation, etc.). Also, this type of contract is not subject to the provisions of the minimum wage law. Thus, employees will have to go to court to protect their rights.

An employee’s work under a civil contract will not be counted in the work book, since insurance premiums are not paid for it. The employer also has more possibilities to terminate such a contract (no compensation will be paid for unused vacation and sick leave).

This agreement provides employees much more social guarantees on the part of the employer rather than a civil contract. If an employer wants to use the latter when hiring a specialist, then you should think about his intentions. Most likely, he wants to save money on social guarantees, which will have a bad effect on the employee himself.

Storage order

This document, according to the law, must be drawn up in two copies. One of them should be in the archive room of the HR department, and the second should be in the hands of a specialist. It must be kept until termination occurs (the reason for this may be dismissal for inadequacy of the position held or transfer to another workplace in the company itself).

It is worth noting that if an employee loses this document, he can restore it at work by writing corresponding statement.

In accordance with the provisions of the Labor Code of the Russian Federation, when an employee is dismissed, a copy of his employment contract must remain in storage. Article 65 states that the employer must keep it for 75 years, after which it is sent to an archival institution.

Currently, organizations want to achieve a 50-year shelf life, but this is also quite a long figure. Keeping an employment contract is required in order to resolve disputes that arise or to calculate a pension in case of loss. work book. With its help, you can confirm work in a specialty with harmful working conditions.

What guarantees does an employment contract provide? The answer to the question is in this program.