Preliminary agreement with the employee. Three new types of agreements have appeared in the agreement designer from Consultant Plus

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 on certain 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 rules established by the Employer labor regulations, production and financial discipline, conscientiously perform their official duties 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. Ensure safe working conditions 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 work of the Employer in the manner established by the Regulations on remuneration and other local acts Employer.

2.3.5. Carry out compulsory social insurance of the Employee in accordance with current legislation RF.

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 Labor Code RF.

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;
• involve the Employee in 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 completion labor responsibilities The employee is given a salary 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 request of the Employee 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 due to the fault of the employer, if the Employee writing warned the employer about the beginning of the downtime, 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 warned the employer in writing about the start of downtime, is paid in the amount of at least two thirds 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 given a five-day pay work week lasting 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 work time does not turn on.

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 continuous operation in society. In cases provided for 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 damage to the Employer material damage 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 Employee’s last day of work, 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 _________________

Category "Employment contract"

Yu.A. Veremeyko, lawyer

A pre-employment test is a legal opportunity for an employer to assess the level of professionalism of an employee. The employee, in turn, understands that he was hired on the condition of a preliminary test and dismissal will not be a complete surprise for him. In this case, a certain compensation for him is the opportunity to terminate the contract with a preliminary test on his own initiative.

In accordance with Art. 28 of the Labor Code of the Republic of Belarus, in order to verify the compliance of an employee with the work entrusted to him, an employment contract, by agreement of the parties, can be concluded with the condition of preliminary testing, with the exception of cases provided for in Part 5 of Art. 28 TK.

Taking into account the above, we can define a preliminary test as a mechanism that represents an additional condition of the employment contract and is aimed at optimizing the legal relations that develop between the parties to the employment contract immediately after its conclusion.

The fact that preliminary testing is only an additional condition of the employment contract has important. First of all, the parties to the contract have the right, but are not obliged, to provide for a provision for preliminary testing.

On the other hand, the parties cannot enter into an agreement only on a preliminary test. In any case, an employer who wishes to enter into an employment relationship with an employee with the condition of a preliminary test must enter into an employment contract with him, providing for such an additional condition.

Taking into account the fact that preliminary testing is only an additional condition of the employment contract (see Article 19 of the Labor Code), it must be taken into account that during the period of its validity the employee is in an employment relationship with the employer and they both have certain rights and bear corresponding responsibilities arising from the employment contract and provided for by labor legislation.

So, in accordance with Art. 28 of the Labor Code, during the period of preliminary testing, the employee is subject to the Labor Code with the features provided for in Art. 28 and 29 of the Labor Code, as well as other acts of labor legislation.

Many employers forget about this or simply do not take it into account and put the preliminary test first, believing that it is of paramount importance for them, and the employment relationship itself is only a tool for testing the employee.

Thus, a fairly common violation is the underestimation (or even complete deprivation) of wages to an employee undergoing a preliminary test.

EXAMPLE 1

A private commercial organization is hiring an employee for the position of accountant. The head of the organization, when concluding the contract, said that during the test period he would be assigned special tasks in order to determine his level professional qualities. Due to the fact that the employee will be distracted from his immediate duties during the performance of such tasks, he will be paid a reduced salary.

Upon completion of the preliminary test, wages will be paid in full.

In the example under consideration, the employer violates labor laws. Article 28 of the Labor Code does not indeed provide that an employee must be provided with a level of wages corresponding to the position he occupies or the work performed, as well as equal to the level of wages of other employees performing similar work. At the same time, in accordance with Art. 28 of the Labor Code, during the probationary period, the employee is subject to all norms of labor legislation, including wage norms. A preliminary test cannot serve as a basis for understating the salary level of an employee who has been subject to a preliminary test.

Employers should note that legal status workers undergoing preliminary testing are similar to the situation of all other employees of the employer. This is due to the fact that they, like other employees, have an employment relationship with the employer, perform similar work, and accordingly have the right to a similar level of remuneration.

EXAMPLE 2

The employer hired a new employee with a preliminary test. Based on the results of work for the first quarter, the employer awarded bonuses to the organization’s employees. An employee hired with a preliminary test is awarded a smaller bonus compared to other employees of the department.

The employer has the right to apply various incentive payments, such as bonuses. However, it must be taken into account that this method wage regulation should not be based solely on the presence of a preliminary test clause in the employment contract, i.e. the bonus cannot be reduced or not paid at all just because the employee passes the preliminary test. If the work performed meets the bonus criteria established by the employer’s local regulations, the employee has the right to receive a bonus on an equal basis with other employees.

Some employers make mistakes when drawing up conditions for preliminary testing. The Labor Code directly stipulates that the absence of a condition on preliminary testing in the employment contract means that the employee was hired without preliminary testing.

At first glance, this norm is actually not so clear.

In accordance with Art. 18 of the Labor Code, an employment contract is concluded in writing, drawn up in two copies and signed by the parties. Despite the direct reference in the Labor Code to the condition that the employment contract must be in writing, failure to comply with it does not at all entail the invalidity of the employment contract.

In accordance with Art. 25 of the Labor Code, the actual admission of an employee to work is the beginning of the employment contract, regardless of whether the hiring was properly formalized. The actual admission by an authorized official of the employee's employer to work must be formalized in writing no later than three days after the presentation of the request by the employee or the trade union based on the prevailing conditions.

In practice, the absence of a written employment contract with a provision for preliminary testing indicated in it leads to the fact that the employment contract will be considered concluded, but the preliminary testing will not be established. Moreover, such consequences will occur even in the case when the parties agreed on the test orally, and even when the employer, for example, provided for such a condition in the employment order or other documents.

It should be recognized as a certain omission that the legislation allows an employment contract to be considered concluded even in the case when the employee actually started work, even if the employment contract was not drawn up in writing, as stated in Art. 25 of the Labor Code, but does not stipulate how, in this case, to establish a preliminary test for the employee. This approach actually excludes the possibility of concluding a contract with a preliminary test due to the fact that Art. 28 of the Labor Code speaks exclusively about the written form of the test condition, failure to comply with which entails the invalidity of such a condition.

The legislation of other countries resolves such issues and allows the establishment of a preliminary test. For example, in accordance with Art. 70 Labor Code Russian Federation in the case where the employee is actually allowed to work without drawing up an employment contract in writing, a probationary clause can be included in the employment contract only if the parties formalized it in the form of a separate agreement before starting work.

When is a preliminary test established?

As stated above, the preliminary test is additional, i.e. optional, a condition of an employment contract that is established when concluding an employment contract.

EXAMPLE 3

The organization has hired a legal adviser. A week later, the head of the organization instructed personnel service sign a preliminary test agreement with him, and if the employee disagrees, dismiss him in accordance with clause 5 of Art. 35 TK.

In the example under consideration, there was a violation of labor legislation. In accordance with the Labor Code, a preliminary test can be established only at the conclusion of an employment contract, but not after.

In accordance with paragraph 5 of Art. 35 of the Labor Code, the basis for termination of an employment contract is the employee’s refusal to be transferred to work in another location together with the employer; refusal to continue work in connection with a change in significant working conditions, as well as refusal to continue work in connection with a change in the owner of property and reorganization (merger, accession, division, spin-off, transformation) of the organization. At the same time, preliminary testing is not considered by law to be an essential working condition.

Usually, the employer is the initiator of concluding an agreement with such a condition, but it is possible that it is the employee who is interested in concluding an agreement with the condition of preliminary testing and will himself propose to include such a condition in the contract. This condition will be especially useful when concluding a contract. After all, the employee does not have the right to terminate his employment at will, and when a condition on preliminary testing is included in it, he has an additional basis for dismissal, which the employee can use.

Thus, the provision for preliminary testing is included in the employment contract only if there is agreement of both parties, but at the proposal of either of them.

EXAMPLE 4

Society with limited liability hires a new employee for a specialist position. The head of the department suggested setting up a preliminary test for the employee. However, it is planned to conclude a contract with him, in connection with which the question has arisen whether it is legal to include a provision for preliminary testing in the contract.

The provision for preliminary testing can be included not only in an open-ended employment contract, but also in a contract. It may also be provided as a condition of a fixed-term employment contract that is not a contract.

Article 28 of the Labor Code establishes that a preliminary test when concluding an employment contract is not established for:

workers under eighteen years of age;

young workers (employees) upon graduation from institutions providing vocational and technical education;

young specialists who have graduated from institutions providing specialized secondary and higher education;

disabled people;

temporary and seasonal workers;

when transferred to work in another area or to another employer;

in other cases provided for by law.

It must be taken into account that the list of cases provided for in this article when the test is not established is not closed.

This material is published partially. The entire material can be read in the magazine “Personnel Department” No. 6 (101), June 2009. Reproduction is possible only with

The conclusion of an employment contract is mandatory document regulating the relationship between employer and employee. A properly executed contract will minimize risks labor disputes and claims from regulatory authorities.

Mandatory sections of a standard employment contract (sample structure)

Article 57 provides for the mandatory clauses of an employment contract:

• employee and employer data, including information about identity documents for individuals and information about registration documents for legal entities, addresses, TIN, etc.;
• place of work of the new employee, indicating the branch or division with the address, if necessary;
• the position for which the employee is employed;
• period of work (if the contract is open-ended, then only the date when the employee starts work);
• terms of payment and working conditions, working hours and rest periods, as well as other conditions.

This might look like this approximate sample structure of the employment agreement (contract):

Contract header: date and place of imprisonment; preamble.

Subject of the agreement: job title; physical location of the workplace; working conditions; information about whether the job is primary or part-time; duration of the contract (indefinite or fixed-term); work start date; information about the probationary period and its conditions or lack thereof.

Rights and obligations of the Employee: V this section contains a mention of the employee’s financial responsibility, if such is assigned to him.

Rights and obligations of the Employer: must contain rights and obligations both in accordance with the norms of the Labor Code of the Russian Federation and those adopted in the organization.

Working hours and rest time: working hours, including information about irregular working hours, etc.; work week schedule; duration and conditions for granting basic and additional leaves.

Terms of payment: the remuneration system applied to the employee - salary, piece-rate payment, etc.; the amount based on which wages are calculated; dates of payment of wages; form of payment: cash, to the employee’s personal account, etc.

Responsibility of the parties: This section specifies the responsibility of the Employee and the Employer both within the framework of the Labor Code of the Russian Federation and as provided for at the enterprise, but not contrary to the norms of labor legislation.

Change and termination of the employment contract: information about the possible extension of the contract if it is urgent; conditions for termination of the contract that do not contradict labor legislation.

Other provisions: information on the forms and place of dispute resolution; other information not reflected in other sections.

A list of internal regulations required for familiarization before starting work with a place for signature and the date of familiarization.

Details and signatures

Information about receipt of the second copy of the contract by the employee.

Download a free sample form of an employment contract with an employee (one of the simplest contracts)

On our website you can download a sample of filling out an employment contract with a human resources manager working at the main place of work on the terms of payment at a salary and normal working hours - 40 hours a week.

How to fill out employee details in an employment contract

Copy of the employment contract (sample)

Employment contract drawn up in two copies.

One remains in the organization, the second is given to the employee. These are absolutely identical copies. There is no difference in their samples.

Features of drawing up a preliminary employment contract - project (sample)

The conclusion of a preliminary agreement regulating possible future labor relations is not provided for by law.

Typically, questions about a preliminary employment contract arise in cases where, after an interview, the applicant or employer wants to receive some kind of guarantee that within a certain period an employment contract will be concluded between the parties on the agreed terms.

The best option is to sign a regular employment contract indicating a deferred start date. Below is an example of the content of some sections of such an agreement (project):

In this case, before the date of commencement of work under the contract, the individual is not yet considered an employee, his salary is not accrued and information is not submitted to the pension fund.

But if a person does not go to work on time, he will be punished in accordance with the Labor Code. The employer also does not have the right to refuse permission to work for such an employee.

Documents for drawing up an employment contract (sample list)

In Art. 65 of the Labor Code of the Russian Federation lists the documents that an employee must bring to his future employer for conclusion labor contract. The list includes:

• identification document (usually a passport);
• work book (not provided by part-time workers, as well as by persons who have not previously worked);
• SNILS;
• military ID for those liable for military service;
• document on education, if the position requires certain qualifications;
• a certificate of the presence or absence of a criminal record for those positions for which such information is important;
• a certificate of the absence or presence of administrative punishment in connection with the use of drugs or drugs equivalent to them for those positions and for those employers where, by law, persons who have been punished for such offenses cannot be allowed to work.

Features of an employment contract with job responsibilities (sample)

An employee's job description can:

Letter Federal service Employment of the Russian Federation dated October 31, 2007 No. 4412-6 explains the procedure for making changes to job descriptions of both types. It is believed that if a job description is part of an employment contract, then if changes are made to the employee’s duties, prior notice of such changes is required.

But if changes are made to a local regulatory act, and to the main labor function changes have no effect, then with new version job description You can familiarize the employee with his signature after the fact.

You can also specify the employee’s responsibilities directly in the relevant section of the employment contract. With us you can, which spells out his job responsibilities.

(this is a universal sample for all occasions)

Various legal framework provide the opportunity to download employment contracts with various conditions, job responsibilities etc.

As follows from Part 1 of Article 28 of the Labor Code, a condition on preliminary testing can be included in an employment contract in order to verify the employee’s suitability for the work assigned to him, however, in my opinion, the inclusion of the above condition in the employment contract not only allows the employer to check the employee’s suitability, but and allows the employee to “check” the employer, because Article 29 of the Labor Code allows an employee during the period of passing probationary period terminate the employment contract by notifying the employer in writing three days in advance. Moreover, the employee is not obliged to explain the reasons that served as the basis for the decision to terminate the employment contract.

It should be remembered that the inclusion of a provision for preliminary testing in an employment contract is possible only by agreement of both parties, and also that, in accordance with Part 5 of Article 28 of the Labor Code, preliminary testing is not established when concluding an employment contract:

For workers under eighteen years of age;

For young workers (employees) upon graduation from institutions providing vocational and technical education;

For young specialists after graduating from institutions providing specialized secondary and higher education;

For invalids;

For temporary and seasonal workers;

When transferred to work in another area or to another employer;

When hiring through a competition, based on the results of elections;

In other cases provided by law.

In accordance with Part 4 of Art. 28 of the Labor Code, the condition of preliminary testing must be provided for in the employment contract. Consequently, the absence of a provision on preliminary testing in the text of the employment contract indicates that the employee was hired without preliminary testing.

Considering the fact that the terms of the employment contract are primary in comparison with other documents of the employer, the issuance of an order for employment with a preliminary test in the absence of this condition in the employment contract also allows us to conclude that the employee was hired without a preliminary test, and vice versa, the employee will be considered hired with the condition of preliminary testing if the employment contract contains this condition, but the order is not.

In accordance with Part 3 of Art. 28 of the Labor Code, the period of preliminary testing should not exceed 3 months, not counting periods of temporary disability and other periods when the employee was absent from work. The specific period of the preliminary test is established by agreement of the parties. For certain categories of workers, the period of preliminary testing may differ from the generally established one. Thus, in accordance with the Law of the Republic of Belarus "On public service in the Republic of Belarus" preliminary testing with civil servants is established for a period of 3 to 6 months.

In Part 3 of Art. 28 of the Labor Code provides only one case of employee absence from work, however, periods of employee absence from work that are not included in the period of preliminary testing can also include periods when the employee carried out government or official work during working hours. public duties, periods when an employee is on short-term leave without pay, which the employer is obliged to provide to the employee (Article 189 of the Labor Code), when an employee is on leave to take entrance exams, when an employee is on leave without pay for family, household and other valid reasons, provided by agreement between the employee and the employer (Article 190 of the Labor Code), etc.

In accordance with Article 29 of the Labor Code, each party has the right to terminate the employment contract with preliminary testing:

1) before the expiration of the preliminary test period, having notified the other party about this in writing three days in advance;

2) on the day of expiration of the preliminary test.

In this case, the employer is obliged to indicate the reasons that served as the basis for recognizing the employee as having failed the test. The employee has the right to appeal the employer's decision in court.

Please note that warning of impending dismissal must be made exclusively in writing. If the employee verbally warns the employer about the upcoming dismissal and leaves work after 3 days, the employer will have grounds to dismiss the employee for absenteeism without a valid reason under paragraph 5 of Article 42 of the Labor Code. If the employer does not warn the employee in writing about the upcoming dismissal, the employee will have the right to appeal the decision made by the employer, which will provide grounds for changing the date of dismissal. employment contract probation for a minor

When dismissing an employee due to failure to complete the probationary period, the dismissal order must refer to Article 29 of the Labor Code, and not to clause 7, part 2, Article 35 of the Labor Code, because Article 29 of the Labor Code is special norm to dismiss an employee on the above grounds.

If the employee passes the preliminary test period, a new employment contract is not required to be concluded with the employee; the employee continues to work under the terms of the previously concluded employment contract. There is also no requirement to issue any additional orders, instructions, etc.

Employment contract 2019 sample free download with employee, individual entrepreneur form

04.04.2019

The concept of “Employment contract” and “Parties to the employment contract” is defined in Article 56 of the Labor Code of the Labor Code of Russia (LC RF). Employment contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, to ensure working conditions provided for by labor legislation and other regulations legal acts, containing norms labor law, collective agreement, agreements, local regulations and this agreement, pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement in the interests, under the management and control of the employer, to comply with the internal labor regulations in force of this employer.The parties to the employment contract are the employer and the employee.

Download: employment contract form, sample, form

The Labor Code does not define a specific form or sample of an employment contract, except for microenterprises (from 01/01/2017). New standard form of employment contract for micro-enterprisesapproved by Decree of the Government of the Russian Federation dated August 27, 2016 No. 858 “On the standard form of an employment contract concluded between an employee and an employer - a small business entity that is classified as a micro-enterprise.”The document begins to be valid: 01/01/2017.

Download the form (sample):

Other options for downloading an employment contract (all in word, doc):

The forms are approximate.You can choose the most suitable form. Forms can be adjusted depending on specific situation and needs. Individual entrepreneur contracts are presented ( individual entrepreneur), organizations (LLC, JSC, etc.) with an employee. Formsemployment contract with the director, accountant, seller, driver, see this .

New on the topic

New from 04/04/2019: The Ministry of Labor of the Russian Federation, in letter dated 03/07/2019 No. 14-2/B-139, reports that an employer can dismiss an employee upon expiration of the employment contract, even while the employee is on vacation or during a period of temporary disability.

New from 12/28/2018: The Ministry of Labor, in letter No. 14-1/OOG-8602 dated November 12, 2018, reports that payment of wages ahead of schedule does not violate the rights of workers.

New from 12/14/2018: E Rostrud experts report that pOnly a court can recognize a fixed-term employment contract as indefinite (withA fixed-term employment contract is concluded only on the grounds listed in Article 59 of the Labor Code of the Russian Federation.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 (Part 5 of Article 58 of the Labor Code of the Russian Federation).

New from 12/14/2018: Omsk regionalthe court, in an appeal ruling dated June 27, 2018 in case No. 33-4045/2018, allowed employers not to index employees’ salaries (with regular payment of bonuses, etc.).

New from 12/06/2018: Rostrud experts explain that It is not possible to reduce wages during the probationary period, according to the requirementsPart 3 of Article 70 of the Labor Code of the Russian Federation.

New from 10.30.2018: Rostrud experts in the Rostrud report with guidance on compliance The mandatory requirements of legal acts for the third quarter of 2018 are explained and reported by:

When can the term of an employment contract be extended using an additional agreement?

When an employment contract includes conditions for providing leave;

The position in the employment contract does not always have to correspond to the qualification reference books.

New from 07/31/2018: The Russian Government in Resolution No. 873 dated 07/26/2018 amended the standard form an employment contract with the head of a state (municipal) institution.

New from 03/30/2018: MIntrud of the Russian Federation in letter dated March 21, 2018 No. 14-2/B-191 clarifies whether numbering of employment contracts is mandatory commercial organization, and what numbering system can be used.

New from 03/19/2018: The Ministry of Labor of the Russian Federation, in letter dated 03/05/2018 No. 14-2/B-148, clarified how the personnel registration of workers involved in work for which various restrictions are defined by law is carried out.

New from 01/18/2018:The Ministry of Labor proposed to supplement the standard form of an employment contract with the head of a state (municipal) institution with new responsibilities. Draft resolution: regulation.gov.ru

New from 10/31/2017: The Russian Ministry of Labor, in letter dated 10/18/2017 No. 14-2/B-935, clarifies the procedure for collecting from an employee the amounts spent on his training in the event of early termination of an employment contract.Excerpt: "When dismissed without good reasons Before the expiration of the period specified in the employment contract or in the agreement on training at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training."

New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated October 19, 2017 N 14-2/B-942, explained whether, when concluding an employment contract with an employee, it is possible to sign a separate agreement, according to which, within a year after dismissal, the employee undertakes not to find employment in competing companies (the Employer does not has the right to restrict the employment of former employees).

New from 10/30/2017: The Ministry of Labor of the Russian Federation, in letter dated October 18, 2017 N 14-2/B-935, clarifies how the termination of an employment contract concluded with temporary worker while the main employee is on sick leave (when the term of termination of the employment contract is determined by the date on the sick leave).

New from 08/02/2017:

According to Rostrudfor absence mandatory conditions in the employment contract (Article 57 of the Labor Code of the Russian Federation "Content of the employment contract") the employer faces a fine. For more details, see the message from Rostrud.

New from 07/13/2017:
The Russian Ministry of Labor, in letter No. 14-1/B-591 dated June 30, 2017, explained which clauses a micro-enterprise can exclude from a standard employment contract. More details on this one.

Commentary on the standard form of an employment contract for micro-enterprises(Source: government.ru)
Resolution No. 858 of August 27, 2016 approved a standard form of an employment contract, including various options for filling out individual terms and conditions. The standard form of an employment contract at micro-enterprises will help the manager conclude it in accordance with the requirements of labor legislation and take into account the features associated with the implementation specific works related to a specific employee.
Prepared by the Ministry of Labor in pursuance of the list of instructions of the President of Russia following the meeting of the State Council on the Development of Small and Medium Businesses, held on April 7, 2015 (No. Pr-815GS dated April 25, 2015, paragraph 4, subparagraph “b”) and for the purpose of implementing the Federal Law of July 3, 2016 No. 348-FZ “On amendments to the Labor Code of the Russian Federation regarding the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises” (hereinafter referred to as Federal Law No. 348-FZ).
In accordance with Federal Law No. 348-FZ, an employer, a small business entity classified as a micro-enterprise, has the right not to adopt local regulations containing labor law standards (internal labor regulations, regulations on wages, shift schedules, etc.). At the same time, the terms and conditions that, in accordance with the Labor Code, are regulated by local regulations, must be included in the employment contract, which is concluded on the basis of a standard form approved by the Government of Russia.
The signed resolution approved a standard form of an employment contract, which includes various options for filling out individual terms and conditions. This will provide regulatory flexibility labor relations taking into account the specifics of the activity of a particular employer.
The standard contract form includes special conditions applicable to remote and home workers, which are not used in other cases.
The standard form of an employment contract at micro-enterprises will help the manager conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a specific employee.
The implementation of the resolution will reduce the volume of document flow and increase the level of protection of the labor rights of workers working for employers - small businesses, which are classified as micro-enterprises.

The employment contract specifies:
surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;
information about documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs);
information about the employer’s representative who signed the employment contract and the basis on which he is vested with the appropriate powers;
place and date of conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area - place of work indicating the separate structural unit and its location;
labor function (work according to position in accordance with staffing table, profession, specialty indicating qualifications; specific type of work assigned to the employee). If in accordance with this Code, other federal laws Since the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the name of these positions, professions or specialties and qualification requirements they must comply with the names and requirements specified in qualification reference books, approved in the manner established by the Government of the Russian Federation, or corresponding to the provisions of professional standards;
the date of commencement of work, and in the case where a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;
terms of remuneration (including the size of the tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments);
working hours and rest hours (if for a given employee it differs from the general rules in force for a given employer);
guarantees and compensation for working with harmful and (or) dangerous conditions labor, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions in the workplace;
conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
condition on compulsory social insurance of the employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If, when concluding an employment contract, it did not include any information and (or) conditions from those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or for its termination. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by an annex to the employment contract or a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.
The employment contract may provide additional conditions, which do not worsen the employee’s position in comparison with established labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, in particular:
on clarification of the place of work (indicating the structural unit and its location) and (or) the workplace;
about the test;
on non-disclosure of secrets protected by law (state, official, commercial and other);
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;
on the types and conditions of additional employee insurance;
on improving the social and living conditions of the employee and his family members;
on clarification, in relation to the working conditions of a given employee, of the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;
on additional non-state pension provision for employees.
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and employer arising from the terms of the collective agreement and agreements . Failure to include any of the following in the employment contract specified rights and (or) the obligations of the employee and the employer cannot be considered as a waiver of the exercise of these rights or the fulfillment of these obligations.

Duration of the employment contract defined in Article 58 of the Labor Code of the Russian Federation
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. More details in Article 58 of the Labor Code of the Russian Federation

Concept Fixed-term employment contract is introduced in Article 59 of the Labor Code of the Russian Federation.

According to Article 60 of the Labor Code of the Russian Federation Prohibition to demand performance of work not stipulated by the employment contract, except for cases provided for by this Code and other federal laws.

In article 60.1. The Labor Code of the Russian Federation defines the concept Part-time work
An employee has the right to enter into employment contracts to perform other regular paid work in his free time from his main job with the same employer (internal part-time job) and (or) with another employer (external part-time job). The specifics of regulating the labor of persons working part-time are determined by Chapter 44 of this Code.

In article 60.2. The Labor Code of the Russian Federation talks about: Combination of professions (positions). Expanding service areas, increasing the volume of work. Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract

Article 61 of the Labor Code of the Russian Federation determines:Entry into force of the employment contract

An employment contract comes into force on the day it is signed by the employee and the employer, unless otherwise established by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his authorized representative.
The employee is obliged to begin performing his job duties on the date specified in the employment contract.
If the employment contract does not specify the start date of work, the employee must begin work on the next working day after the contract enters into force.
If the employee does not start work on the start day of work established in accordance with part two or three of this article, then the employer has the right to cancel the employment contract. A canceled employment contract is considered unconcluded. Cancellation of an employment contract does not deprive the employee of the right to receive benefits for compulsory social insurance in the event of an insured event during the period from the date of conclusion of the employment contract until the day of its cancellation.