Employment agreement (contract). Employment contract and employment contract: differences and principles of operation Employment contract in the Russian Federation

Sample employment contractevery company has. Using the sample employment contract, the employer formalizes legal relations with almost all employees. We will help you understand what it is employment contract, consider typical mistakes allowed when compiling it, and we will also tell you what points you need to pay attention to.

Standard form of an employment contract for 2018-2019

A typical employment contract is in writing and must be followed. This means that when an employee just begins to perform the tasks assigned to him job responsibilities, the employer is charged with the obligation to formalize relations with him in writing. The contract can be considered concluded not from the date of its actual signing, but from the day on which the employee began his work duties.

The standard form of an employment contract is not only a sample document, but also a number of mandatory conditions related to content. Last changes The article of the Labor Code on the content of an employment contract (Article 57) was introduced in 2013, therefore, when developing a document, it is permissible to use samples of employment contracts drawn up later than this date.

The sample employment contract must contain the following information:

• about the employee’s place of work;
• labor function of the employee in the organization;
• the duration of the contract or the start date of work;
• regulations on wages;
• characteristics of work in the workplace;
• social insurance of workers;
• work and rest time schedule, nature of work, if these conditions differ from general rules installed in the organization;
• guarantees and compensation provided for harmful working conditions.

How a standard employment contract for 2018-2019 is drawn up will be discussed below.

Where is the completed copy of the agreement stored?

The employment contract form is usually filled out by employees personnel service, and the employee can only sign, thereby confirming his familiarization with the sample standard employment contract and agreement with its terms. If the company accepts that the document is filled out by the employee himself, then the HR department will need a sample of filling out the employment contract.

The document is drawn up and signed in two copies (one copy for each party). The completed employment contract form is given to the HR employee, who, in turn, submits it to the head of the organization for signature (if this has not already been done).

After the signing procedure, one copy is kept by the employer, the other is given to the employee. Evasion from signing an agreement on the part of the employer or failure to provide a copy to an employee is an offense for which the manager bears responsibility as provided for labor legislation.

Download for free and fill out the employment contract form

The sample for filling out an employment contract with an employee for 2018-2019 is no different from the samples from previous years, since there have been no changes in legislation on this issue. And it’s not difficult to download free forms of employment contracts for 2017-2018: they are available in many legal reference systems. We also offer you a completed sample employment contract for 2018, drawn up by our specialists in accordance with all legal requirements.

So, for example, it is necessary to record the employee’s familiarization with job description, conduct and register the employee’s completion of induction training at the workplace, labor protection and fire-technical minimum. Do not also forget that the employee must undergo an internship at the workplace for at least 2 work shifts.

An internship means familiarizing an employee with his direct responsibilities, getting to know the team and bringing him up to speed. After completing the internship, the employee must pass an exam to his immediate supervisor, on the basis of which the degree of his readiness to begin independent work is determined. labor activity. An internship means familiarizing an employee with his direct responsibilities, getting to know the team and bringing him up to speed. After completing the internship, the employee must pass an exam to his immediate supervisor, on the basis of which the degree of his readiness to begin independent work is determined.

Particular attention should be paid to assigning an employee the 1st electrical safety group for “non-electrical” personnel. Even if your job does not directly involve electricity, you should be aware and trained in the basic handling of electrical appliances and familiarize yourself with their rules. safe operation. It is important to note that electrical safety training for employees can only be carried out by an employee who has an electrical safety clearance group of at least 4.

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In view of periodic changes in legislation in the field of personal data protection, it should also be remembered that a competent sample of filling out an employment contract must necessarily contain information about the employee’s consent to the processing of personal data.

Also, the example of an employment contract taken as a sample should contain an indication of individual characteristics labor relations with a specific employee. For example, the duration of the contract is indicated (if the employee is hired for a certain period). An indication is provided for performing part-time work internally or externally (if this is not the employee’s main place of work), the possibility of providing additional benefits or payments is indicated (for example, if such work is classified as a profession with hazardous or hazardous conditions labor or your salary also includes a monthly bonus).

And do not forget that the signed 2nd copy of the completed sample employment contract must be given to the employee, and the 1st remains with the employer. All changes and additions to the employment contract are formalized by additional agreements to the employment contract.

It is also worth noting that the contract can be completed online. That is, many legal portals have developed special programs where you can enter the data of the employee and employer, and the program itself will formalize them in standard contract and will make it possible to download an employment contract with an employee already in ready-made version. The parties only have to sign.

How to draw up an employment contract with an employee

A sample employment contract can be downloaded for free on almost every website. legal portal, but don’t rush to immediately use it for your own purposes. First, check that the employment contract form includes the items necessary for this type of document. So, a sample employment agreement for an employee should contain the following sections:

1. The preamble of a correctly drawn up sample employment contract must include the names (names) of the parties to the contract, that is, the name of the employing organization and full name. employee.
2. Further, the standard form of an employment contract usually contains an indication of the position, as well as the division of the enterprise in which the employee will work.
3. The next clause of the contract is usually an indication of the rights and obligations of the parties. For the most part, they regulate the relationship between employee and employer. In particular, it stipulates the responsibilities of the employee, which he must perform in accordance with the job description developed in a certain company, enterprise, etc. The employer’s responsibilities include: calculating and paying wages within a certain time frame, providing the employee with what is necessary to perform work equipment, inventory, workwear, compliance with labor laws and others.
4. This is followed by a section of the employment contract, which regulates the work and rest regime, or there may be a reference to internal regulations, and the rate (amount) of remuneration is established.
5. Other terms of the employment contract that do not fall under the mentioned sections.
6. Finally, the signatures of the parties are affixed.

IMPORTANT! From 01/01/2017 micro-enterprises (firms and individual entrepreneurs with the number hired employees up to 15 people and an annual income of up to 120 million rubles) can use a special form of a standard employment contract approved by Government Resolution No. dated 08/27/2016 858. The use of this form frees you from the need to develop and adopt local acts (regulations on wages, etc.). d.).

The difference between an employment contract and a civil law one

In recent years, there has been a steady trend of replacing the formalization of labor relations with civil contracts. Is it worth agreeing to such registration?

Of course, there are situations when concluding such an agreement is justified and appropriate, but in most cases, this is solely a way for the employer to reduce its costs for employees, as well as infringe on their rights. Let's figure out why.

A civil contract means the existence of an agreement between two parties, let's call them the employee and the employer, although in the contract they will be called differently (most likely, the customer and the contractor). Its essence is that the employee performs certain work(provides services), and the employer accepts this work and pays according to the agreed price.

From this definition it follows that the relationship between the contractor and the customer is not a labor one, and, therefore, the norms of labor legislation are not applicable to the contractor. This means that he is not entitled to vacation or sick leave, the employer does not deduct mandatory amounts to social security for the employee government bodies, is not obliged to provide parental leave, etc.

In addition, on this group contracts do not apply to minimum wage requirements, and the employee protects his interests through labor inspection will not be able to. If something happens, you will have to defend your interests yourself in a court of general jurisdiction.

Work under a civil contract is not counted towards seniority, if the employee is not paid insurance premiums, which, of course, will have an extremely negative impact on your future pension; in addition, management’s powers to terminate such an agreement have been significantly expanded.

In other words, labor legislation clearly regulates the grounds for dismissing an employee, and the employer cannot dismiss an employee without compelling reasons, the list of which is clearly specified in the Labor Code. But civil contract terminating will not pose any special difficulties. The fact is that such contracts are terminated, including unilaterally, unless otherwise provided in them, only the work actually performed will be compensated. No compensation for unused vacation, no payments that would take place in the event of a reduction in position, etc.

That is, they can fire you when they want. On the other hand, you can leave when you want, without working the 2 weeks required by law. However, if the employer proves that your actions caused him losses, you will have to compensate them. At the same time, The so-called lost profits are also subject to compensation, that is, the employer’s income that he could have received, but did not receive due to your refusal to fulfill the contract.

Whether such a risk is justified for you and whether it is worth deliberately infringing on your rights - this question remains open.

You will also be interested in reading the materials that we wrote specifically for our

After signing the agreement, the parties have mutual rights and obligations, which they must strictly observe. According to it, the citizen undertakes to work and obey the work schedule in force in the organization, and the employer undertakes to provide the citizen with the work stipulated by the document and pay on time. wages.

Before concluding an employment contract, the employer is obliged to familiarize the future employee with the local regulations of the organization, job description, work schedule, and payment terms. After this, the completed contract forms are signed, an order is issued to hire the person and a corresponding entry is made in his work book.

Employment contract, form

The meaning of an employment contract

According to Art. 37 of the Constitution of the Russian Federation, every citizen can independently choose his type of activity and specialty. Work must be carried out under conditions that do not contradict safety and hygiene requirements. And remuneration must be paid by the employer on time and in full twice a month.

The contract, completed and signed by the parties, is a fundamental legal fact that determines the emergence, change and termination of the official relationship between the employer and employee. It establishes the legal connection between the worker and the employer and is a set of legal norms that regulate the official relations between the parties who signed the document. A sample employment contract with an employee in 2020 can be downloaded in our article.

It is necessary to distinguish an employment contract from contracts of a civil law nature (contract, copyright, performance certain type work). Despite their similarities, they differ in the following parameters:

• the subject of the employment contract is the employee’s work. The subject of civil contracts is the final result (book, painting, project);
• An employment contract presupposes personal performance of work; it cannot be redirected to another contractor. In civil law, this obligation must be enshrined in the text of the document itself;
• under an employment contract, the employee must obey the internal rules of the organization. In civil law there is no such obligation;
• Under an employment contract, the employer must create normal and safe working conditions. Under civil law, the employee independently organizes his workplace.

Types of employment contracts

Most often, an employment contract with employees (a completed sample can be viewed in our material) is concluded for an indefinite period of time, that is, it does not specify the validity period of the document. But in some cases, it may set a time frame depending on the nature of the work or the conditions under which it will be performed. Such cases are considered in Part 1 of Article 59 of the Labor Code of the Russian Federation.

By validity period:

• prisoners not certain period;
• prisoners for a specified period (no more than 5 years).

It should be noted that a fixed-term employment contract can become indefinite. If, after the expiration of the time specified in it, the employee continues to work, the document loses its urgency and is considered concluded for an indefinite period. In this case, a new, open-ended contract does not need to be drawn up.

At the same time, an open-ended contract can become a fixed-term one, but this must be justified by the clauses Art. 59 Labor Code of the Russian Federation. To transfer, you need to terminate the previous one and enter into a new contract for a certain period.

By the nature of the working relationship:

• by main place of employment;
• at a part-time job (part-time work is impossible without concluding an employment contract, this is the main condition for this type of employment);
• temporary job(if the nature of the work requires it to be completed in less than 2 months. This can also happen when replacing an employee who is on sick leave);
• short-term contract;
• With seasonal workers;
• with employees working from home;
• on state (municipal) service.

It must be borne in mind that labor legislation and other legal acts related to labor relations do not apply to certain categories of citizens, provided that they are not employers or their representatives:

• military personnel in the performance of military duties;
• persons working on the basis of civil contracts;
• other persons established by Federal Law ( Art. 11 Labor Code of the Russian Federation).

By type of employer:

• agreements concluded with organizations - legal entities and individual entrepreneurs;
• contract with an individual. In this case, the employer is an individual without registration as an individual entrepreneur. Most often, such employers enter into a contract with service personnel.

Sample employment contract (2020)

Depending on the legal status employee:

• signed with minor citizens;
• prisoners with persons who have family responsibilities;
• registered with foreigners;
• signed with stateless persons.

By the nature of working conditions, the division is as follows:

• under normal working conditions;
• taking into account occupancy at night;
• concluded with citizens working in the regions of the Far North and in territories equivalent to them;
• in working conditions in hazardous production.

Types of employment contracts depending on the volume of work performed:

• about the main job;
• about part-time work.

In the first case, the employee works for the employer for full time all working day. This is where he keeps employment history.

In the second, a person works in his free time from his main job. Such work cannot last more than four hours a day. The document signed with the employee indicates that the work performed is part-time work. Such a document can be concluded either at the main place of employment or with another employer. At the same time, it is possible to conclude contracts for part-time work with an unlimited number of employers, except for exceptions established by the legislation of the Russian Federation.

It is not allowed to enter into part-time contracts with persons under 18 years of age, as well as with those whose main work is classified as heavy or is performed during harmful conditions labor, if part-time work implies the same characteristics.

Particular attention can be paid to contracts concluded with management employees. When compiling them, there are some features, compared to other categories of workers, that need to be paid special attention to.

Employment contract form

Let us answer the question: in what form is the contract concluded? For this purpose, it is used, approved by Decree of the Government of the Russian Federation No. 858 of August 27, 2016.

The 2020 employment contract (a sample can be downloaded in our article) is drawn up in writing in two copies. Each copy is signed by the director and employee. One is given to the employee, the second is kept by the employer. To indicate receipt of a copy, the employee must personally sign the document kept by the employer.

If the employee began work with the knowledge of the employer, the contract is considered concluded, even if it was not formalized in in writing. Despite this, the document must be drawn up and signed within three days. You can download the form of an employment contract with an employee (2020) for free in our material.

Also, for some professions, an employment contract form can be downloaded at the end of the article.

Parties to the employment contract

The parties are the employee and the employer.

An employee is an individual who is 16 years of age or older. The law does not prohibit signing contracts with 14-year-olds. But some conditions must be met:

• work should be easy;
• do not disrupt the educational process;
• the presence of the consent of an official representative, most often they are the teenager’s parents.

If a younger child is needed, for example, for a role in a movie or theater, then in addition to the previous conditions, there must be the consent of the guardianship authorities. And also proof that the work will not cause physical or psychological or moral harm to the child.

An employer is a legal or natural person who is not prohibited from concluding employment contracts.

According to Article 57 of the Labor Code of the Russian Federation, the document must contain the following information:

• FULL NAME. employee and name of the employing company;
• passport details of the employee (and the employer, if he is an individual);
• employer's tax identification number;
• date and place of signing the employment contract.

Mandatory inclusion in the document is information regarding professional activity person:

• place of work. Usually this is the organization itself. If the organization has structural divisions, then the place of work is considered to be the division specified in the employment contract;
• position according to the staffing table;
• start date of work (if a fixed-term contract is concluded, its validity period is indicated);
• terms of remuneration (including tariff rate, additional payments, allowances and incentive payments);
• work and rest schedule. If they differ from the general rules established in the organization, then they need to be discussed with the job applicant;
• guarantees provided by the employment contract;
• nature of the work;
• working conditions in the workplace.

It may also include the rights and obligations of the employee and employer established by the Labor Code and internal regulations legal acts organizations.

In addition, the employment contract may include additional conditions:

• about the probationary period;
• on non-disclosure of trade secrets;
• on non-disclosure of secrets protected by law;
• on the types and conditions of additional employee insurance;
• on the employee’s obligation to work for a certain period of time after training, which was carried out at the expense of the employer;
• O financial liability and others.

This data must contain an employment contract (sample 2020, you can download the form in our material). The completed document is signed by the parties. For failure to comply with the rules for drawing up a contract, a labor inspector may be subject to an administrative fine in the event of an inspection of personnel documentation.

If changes need to be made to it, new information may be drawn up in the form of an additional agreement.

Structure of an employment contract

As a rule, the document consists of several sections, each of which states the rights and obligations of the employer and employee. Typically the contract contains the following sections:

1. Details of the parties: name of organization, address, full name. manager, full name applicant for the position, his contact details.
2. The following usually contains an indication of the position and the division of the enterprise where the applicant will work.
3. The next clause of the employment contract is a description of the rights and obligations of the parties. This stipulates the employee’s duties, which he must perform in accordance with the job description developed at the enterprise. As well as the responsibilities of the employer. These include paying wages within a certain time frame, providing subordinates with a safe workplace, equipment, and so on.
4. The next section regulates work and rest schedules. The wage rate and internal regulations are specified.
5. There may be a section with additional conditions that do not fall into the main parts of the contract.
6. At the end, the signatures of the parties and the date are placed.

If, when concluding a contract, any information or conditions listed by us were not included, this does not constitute grounds for declaring it invalid or a reason for termination. The document must be supplemented with missing information. They can be included either in the text itself or specified in a separate agreement between the parties. The additional agreement must also be drawn up in two copies and signed by each party.

Termination of an employment contract

An employment contract can be terminated at the initiative of the employee, that is, by at will, and at the initiative of the employer.

Termination at the initiative of the employee occurs when writing a letter of resignation. Usually in this case no difficulties arise, unlike the termination of a working relationship at the initiative of the employer.

Termination of an employment contract by an employer is permitted before the end of probationary period with three days' notice in writing. If the probationary period has been completed successfully, then the employment contract can be terminated only in the following cases:

• liquidation of the enterprise;
• staff reduction;
• repeated failure to comply employee of his duties, as well as repeated appearance at the workplace in a state of alcohol, drugs or other intoxication;
• committing theft, embezzlement, intentional causing material damage;
• other cases specified Art. 81 Labor Code of the Russian Federation.

Storing an employment contract

After filling out the employment contract form, all that remains is to sign it, expressing agreement with all the conditions specified in the document. As we have already written, it is drawn up in two copies, one of which is given to the newly hired employee, and the second remains in the organization. The signed document is stored in the personnel department.

The agreement must be kept in the organization for 75 years, in accordance with paragraphs 656, 657 of the List standard documents, approved by Order of the Ministry of Culture of the Russian Federation No. 558 of August 25, 2010, or until the liquidation of the enterprise.

Employment contract 2020 sample free download with employee, individual entrepreneur form

10.02.2020

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 regulatory legal acts containing standards 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 fulfill the requirements of this agreement labor function in the interests, under the management and control of the employer, to comply with the internal rules labor regulations valid for 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. The law only defines the form for micro-enterprises (from 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 the 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 .

Standard form of an employment contract for micro-enterprises

Standard form of employment contract for micro-enterprisesapproved by Government Decree Russian Federation dated 08/27/2016 No. 858 “On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises”,as amended by Decree of the Government of the Russian Federation dated November 15, 2019 No. 1458 “On amendments to certain acts of the Government of the Russian Federation.”

The document begins to be valid: 01/01/2017.

Effective date of the latest edition: November 20, 2019.

On changes in the TD form according to the resolutiondated 11/15/2019 No. 1458 (excerpt): In paragraphs 9.1.6 and 38 of the standard form of an employment contract concluded between an employee and an employer - a small business entity that relates to micro-enterprises, approved by Decree of the Government of the Russian Federation of August 27, 2016 N 858 “On the standard form of an employment contract concluded between an employee and the employer - a small business entity that belongs to micro-enterprises" (Collected Legislation of the Russian Federation, 2016, No. 36, Art. 5414), replace the words "insurance certificate of compulsory pension insurance" with the words "insurance number of an individual personal account in the individual (personalized) system accounting".

New on the topic

New from 02/10/2020: If an employee wants to have a paper work book and an electronic work book, then he does not need to submit two applications. Experts from 1C came to this conclusion. Source: buh.ru

clarified whether the employer is obliged to draw up or translate an employment contract into the native language of a foreign employee.

New from 12/27/2019: Rostrud experts explained whether an organization can enter into a preliminary employment contract, which would oblige the parties to enter into a main employment contract in the future (Excerpt: labor legislation does not provide for the conclusion of a preliminary employment contract. Labor relations must be formalized only by an employment contract).

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 to terminate an employment contract concluded with a temporary employee 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 the absence of 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 ensure flexibility in regulating labor relations, taking into account the specifics of the activities 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 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 amount 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 work under harmful and (or) dangerous working conditions, 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 for additional conditions that 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 execution labor responsibilities from 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.

When getting a job, we notice that some organizations enter into employment agreements with their employees, and some - contracts. Let's look at the difference between an agreement and a contract.

Labor contract

The employment contract came to us from abroad. In the USA it is main document in hiring. By what principles does he operate? The contract is valid from 1 to 5 years. Then, it is either extended or terminated. Extension and termination of the contract are given two weeks notice. The important thing is that if the contract is terminated unexpectedly (that is, during the period when it should still be valid), then the employer pays compensation to his employee. The contract clearly states the place of work, conditions, position, profession and specialization of the employee, the rights of the parties, the method of remuneration, additional bonuses, bonuses and dates. The contract terminates if: its term expires, labor safety rules are violated (injuries, death), violation of certain clauses by the employee or employer, violation of discipline, failure to fulfill job duties.

Employment contract

Now let's look at the employment contract. This document is not limited by any deadlines and is based on labor Code RF. An employment contract is an agreement (oral or written) between an employee and an employer in which the employee agrees to perform a specific job, with clearly stated responsibilities, schedules and conditions. The employer is obliged to provide the employee with his workplace and the necessary equipment. The employment contract clearly indicates information about the employee and the employer, place of work and profession, duties and rights of the employee, work and rest schedule, payment terms, availability social package. An employment contract terminates: upon agreement of the parties, termination of the employment contract by the employee or employer, due to force majeure, liquidation of the organization, failure to fulfill duties by the employee, violation of discipline, absenteeism, gross violation of labor protection rules.

An important difference between the two documents: the employment contract can be terminated by both the employee (2 weeks notice) and the employer; the contract can only be terminated by the employer if there is a gross mistake on the part of the employee or on his own initiative, but with payment of compensation. Today, most of our codes are being roughly reformed, and accordingly, an employee can simply be used by an employer. An employment contract is a document of the past. Thanks to such a document, it is much easier to violate the rights of an employee and force him to leave of his own free will. As for the contract, the situation is the opposite. The employer is interested in the employee, and accordingly, the contract guarantees 98% that the person will hold his job for the full term of the contract. This means there is little confidence in the future, unlike an employment contract. In addition, the contract clearly states the nuances that cannot be violated, which means that the employee retains his rights and clearly understands his responsibilities, which are spelled out in black and white in the contract. Everything that is not in the contract is something that the employee is not obligated to do. The contract is more reliable than an employment contract. Therefore, it is likely that in the coming years many organizations will switch to a contract form of employment.

Contract work at the moment mainly means work not in accordance with employment contracts, but under civil contracts. This method of employment and earning money has certain advantages and disadvantages, and also differs in different approaches to providing state guarantees. At the same time, the exploitation of the system of civil contracts and its replacement of labor relations may be regarded as an administrative offense and entail negative consequences.

Table of contents:

Features and differences between contract work and labor relations

It is not prohibited by law to hire contractors to carry out any necessary work and provision of services by concluding civil transactions. This question is extremely relevant in situations where it is necessary to perform a certain range of tasks one-time within a specific time frame or to achieve a specific result. Such an agreement allows you to avoid unnecessary expenses of money and time for full-time employment of an employee, especially when there is no need for his constant presence at the workplace.

At the same time, contract work deprives a person working in this way of a number of social guarantees provided by the state. Also, the employer in this case has certain losses and costs, for example, associated with the lack of influence and management of such an employee. In addition, if the contract has signs of full-fledged employment, it may be recognized as judicial procedure as labor, which will entail corresponding costs, as well as those provided for in Art. 5.27 Code of Administrative Offenses of the Russian Federation fines.

Given the reduced tax rate and minimum level social responsibility to the hired employee, some employers prefer to enter into civil contracts rather than employment contracts.

You should not assume that this practice is unprofitable and definitely negative for an employee working in this way - it has a number of its advantages, but there are also disadvantages.

Advantages of working under a contract compared to official employment

Certain advantages of working under a contract make it an extremely profitable way of employment for both employers and workers. In particular, contract work is one of the main ways. In particular, this list of advantages includes: In general, traditional industries in which contracts prevail or can often be used on a par with employment contracts are construction, IT services, Accounting , maritime affairs, consulting services, installation work

and so on.

Disadvantages of contract work

The disadvantages of working under a contract, first of all, are expressed in much less social protection of the employee. Especially considering that in many situations, contract work is organized solely for the purpose of avoiding liability on the part of the employer to the employee, without providing him with any additional compensation. In general, the disadvantages of working under a contract are: