When hiring an employee, the employer often does not know which contract to draw up - an employment contract or a civil law contract, for example, a contract or service contract. How are employment contracts different from civil ones, what will be the cost of replacing one contract with another, as well as how to draw up these contracts in the program “1C: Salaries and Personnel Management 8” ed. 3.0, read the material from 1C experts.

What fundamentally distinguishes an employment contract from a civil law one? Firstly, when concluding an employment contract, the parties are guided by the Labor Code of the Russian Federation, which quite strictly regulates relations. Another thing is the Civil Code of the Russian Federation, which regulates contracts for construction, provision of services, author's orders and others. The latter gives the parties much more freedom of choice.

The second difference is that the rights of the employee are protected by the Labor Code of the Russian Federation, more than the rights of the performer by the Civil Code of the Russian Federation - the employer is obliged to provide working conditions and fulfill all social guarantees. In addition, the parties to the employment contract are in a relationship of subordination: boss - subordinate. In the case of concluding a civil contract, two equal subjects enter into a relationship - the customer and the contractor, each of whom is obliged to fulfill only the obligations assumed. All the features that distinguish an employment contract from a civil contract are collected in Table 1.

Table 1

Signs of labor and civil contracts

Signs of contracts	Employment contract	Civil contract
Subject of the agreement	Regular activities of the employee. The employee must work in a specific position in accordance with the staffing table, in a specific profession, specialty and carry out the employer’s tasks as they become available (part two of Article 57 of the Labor Code of the Russian Federation)	Work is a specific task, for example, performing certain work, assignments, rendering. The result of the work is implied, but may not always be
Term	As a rule, the contract is of an open-ended nature. Fixed-term contracts can be concluded in exceptional cases; they are listed in Articles 58 and 59 of the Labor Code of the Russian Federation	A civil contract can be concluded for any period
Executor	The employee must perform the work personally	The Contractor has the right to involve third parties in performing work and services (Article 313, paragraph 1 of Article 706, Article 780 of the Civil Code of the Russian Federation)
Payment	Salaries are paid at least twice a month (part six of Article 136 of the Labor Code of the Russian Federation). A minimum wage threshold has been established - the minimum wage for a full month of work and the fulfilled norm	Performers receive remuneration in the amount and on time according to the contract
Work schedule	The employee must comply with internal labor regulations, including working hours (part two of Article 21 of the Labor Code of the Russian Federation). Exception - remote workers (Article 312.4 of the Labor Code of the Russian Federation)	Performers, as a rule, themselves determine the procedure for fulfilling their obligations.
Material support for labor	The employer is obliged to provide the employee with everything necessary to perform work duties (part two of Article 22 of the Labor Code of the Russian Federation), pay compensation for the employee’s use of his property in work (Article 188 of the Labor Code of the Russian Federation) and reimburse other expenses incurred in the interests of the employer (Article 164 of the Labor Code RF)	Performers perform the task under the contract at their own expense, unless otherwise provided by the contract (Clause 1, Article 704, Article 783 of the Civil Code of the Russian Federation)
Liability of the parties	The employee bears full financial responsibility only in the cases specified in Article 243 of the Labor Code of the Russian Federation	The contractor is responsible for the failure to preserve the material, equipment, items transferred for processing (processing), or other property provided by the customer (Article 714 of the Civil Code of the Russian Federation). As a general rule, one party is obliged to fully compensate the losses caused to the other party (Article 393 of the Civil Code of the Russian Federation)
Disciplinary responsibility	The types of disciplinary sanctions that the employer has the right to apply to work are listed in Article 192 of the Labor Code of the Russian Federation	The contractor and the customer under a civil contract have the right to stipulate in the contract mutual sanctions (fines, penalties) for non-fulfillment or improper fulfillment of specific terms of the contract (Article 330 of the Civil Code of the Russian Federation)
Payment of fees	The employer pays monthly insurance premiums for the employee to the Pension Fund of the Russian Federation, the Compulsory Medical Insurance Fund and the Social Insurance Fund, including for “trauma”	The customer is obliged to accrue contributions to the Pension Fund and the Compulsory Medical Insurance Fund; by agreement with the employee, the customer can pay contributions to the Social Insurance Fund for “injuries”
Decor	Hiring, dismissal, and other personnel events are reflected, as a rule, in the work book	The customer does not issue work books to the contractor
Rest time and other social guarantees	The employee has the right to annual leave, days off, etc. Chapter VII gives employees the right to various types of guarantees and compensation	The guarantees established by the Labor Code of the Russian Federation do not apply to the performer
Business trips	An employer can send an employee for training, on a business trip, transfer to another job or to another location	The contract may include a record of the performer’s trip to another city and the procedure for paying for it. This trip is not a business trip

Sometimes the parties prefer to enter into a civil contract, despite the fact that they are actually entering into an employment relationship. For example, an employer wants to save on insurance contributions to the Social Insurance Fund, including “for injuries,” but the employee’s plans do not include subordination to labor discipline. But such arbitrariness is contrary to the law. Article 15 of the Labor Code of the Russian Federation does not allow concluding a civil contract that actually regulates labor relations. A civil contract is permissible only in cases where the relations existing between the parties are truly civil. A civil contract, which actually hides an employment relationship, can be reclassified into an employment contract by the court at the request of the employee or the labor inspectorate. And this is fraught with fines for the employer under Article 5.27 of the Labor Code of the Russian Federation: from ten to twenty thousand rubles per official; for an entrepreneur - from five to ten thousand rubles; for organization - from fifty to one hundred thousand rubles.

By the way, if the court has doubts when considering such a dispute, they will be interpreted in favor of the existence of an employment relationship. Moreover, a civil law contract, concluded initially, but subsequently recognized as an employment contract, will be considered as such from the first day of work under the civil law contract.

Drawing up contracts in the program “1C: Salaries and HR Management”

In the 1C: Salary and Personnel Management program, you can select the type of contract and draw it up in the employee card, that is, after entering a new employee into the directory Employees(Fig. 1).

In the employee card you can choose from:

• Recruit;
• Draw up an agreement;
• Draw up a copyright agreement.

Drawing up an employment contract. By selecting the item Recruit Recruitment(Fig. 2).

One of the document bookmarks Hiring -> Employment contract. The number and date of the employment contract, as well as the terms of employment are reflected in the printed form of the employment contract, as well as in the field Basis for the admission order.

The end date is indicated only if the contract is fixed-term. As a general rule, the employer must offer the employee an open-ended contract. It is possible to conclude an agreement with a certain period in accordance with Article 58 of the Labor Code of the Russian Federation if there are sufficient grounds for this. Thus, you can sign up for a fixed-term contract if the nature of the work does not allow you to conclude an open-ended contract. In addition, situations when the parties can set the expiration date of the contract are listed in Article 59 of the Labor Code of the Russian Federation. For example, you can limit the duration of the contract with an employee if he replaces an absent person.

Keep in mind that if a fixed-term employment contract is concluded without sufficient grounds, the court may recognize it as indefinite!

When concluding a fixed-term employment contract, you must select from the list Basis of the employment contract.

The fixed-term contract is terminated upon expiration of its validity period. Management is obliged to warn the employee about this fact in writing at least three calendar days before dismissal. If this requirement is not met and the employee actually continues to work, the term condition becomes invalid and the contract is considered concluded for an indefinite period.

Therefore, the date on which the contract was concluded with the employee, unlike the date of admission, is not used in calculations, but is used in printed forms and when taking into account the employee’s right to leave. The fact of termination of the employment contract must be registered with a document Dismissal.

Using the details entered into the program, you can obtain standard printed forms: Employment contract And Employment contract for remote work. Using the settings, the user can create printed forms that take into account the characteristics of the enterprise. For example, you can enter fields for agreeing to a contract or marking the completion of labor safety training.

Go to Hiring and filling Employment contract you can not only from the employee’s card, but also by creating a document Recruitment on the menu Personnel-Receptions, dismissals, transfers.

Drawing up a contract. By selecting the item Draw up an agreement, the user proceeds to create a document Contract (works, services)- rice. 3.

Amounts of remuneration under civil contracts are subject to insurance contributions to the Pension Fund of Russia and the Compulsory Medical Insurance Fund and are not subject to contributions to the Social Insurance Fund, with the exception of contributions for accidents and occupational diseases. The latter are paid if this is expressly stated in the contract with the employee.

When concluding a civil contract, the program indicates the total amount of remuneration and selects the payment method:

• Once at the end of the term;
• According to acts of completed work;
• At the end of the term with monthly advance payments.

In the contract, you can immediately indicate the cost account and the department to which the costs of paying for the work under the contract relate. If the method is selected Once at the end of the term, then the document must indicate Reward amount And Amount of deduction. When calculating wages for the month in which the contract expires, on the tab Treaties The full amount of payment under the contract will be automatically charged. On the bookmark Personal income tax the tax will be automatically calculated taking into account the deduction, and on the tab Contributions - insurance contributions to funds.

If the item is selected According to certificates of completed work, then based on the agreement the user creates . Whenever you need to pay for the next stage of work under a contract, you need to register in the program Acceptance certificate for completed work(Fig. 4).

This document states Amount according to the act, Deduction amount by code 403 And Payment date. The acceptance certificate for completed work has two printed forms: Certificate of acceptance and transfer of completed work (services) in full And during phased closure.

When calculating wages, payments under contracts, personal income tax and contributions will be accrued in those months when Acceptance certificates.

If the item is selected At the end of the term with monthly advance payments, then the details become available in the contract Payment amount.

If, when entering information about the contract, the amounts of documented expenses used as tax deductions are already known (for example, the cost of travel to the place of work), then they can be immediately indicated in the contract.

But it is also possible monthly when creating a document Payroll enter the deduction amount in the field of the same name.

Personal income tax and insurance premiums are calculated monthly in the same document.

The behavior of this document in the program is similar to the document Work agreement. The difference lies in the income codes for personal income tax, deduction codes, and types of income for accounting for insurance premiums.

Correctly maintaining personnel data in the 1C: ZUP program is very important. Otherwise, you will encounter frequent errors in documents and reports, for example when. Many reports from this program are submitted to regulatory authorities and errors are inappropriate here.

In this step-by-step instructions, we will look in detail at the process of hiring an employee in 1C 8.3 ZUP edition 3.1.

In this example, we use a demo version of the program and perform all actions under the account of the head of the HR department. Depending on the rights available to the user, this functionality may be located in a different location or may not be available at all.

Let’s go to the home page and click on the “New Employee” hyperlink.

In the directory card that opens, select an organization.

Remember that the program has an algorithm for breaking this field into separate details: last name, first name and patronymic. It separates them from each other by spaces. In the case of a double surname, it must be indicated with a dash without spaces.

There are three hyperlinks to the right of the full name field:

Personal data, information about education, family, work activity, insurance are filled out using the appropriate hyperlinks at the top of the form. If necessary, you can also attach a file to the employee’s card, for example, with his photo or scanned copies of documents.

When you have provided all the required information, click “Save and Close”.

Directory "Individuals"

After creating an employee in the 1C 8.3 ZUP program, a new individual was automatically created. This directory is located in the “Personnel” section.

An individual and an employee are two different things. An individual may not be an employee.

For one element of the directory of individuals, there may be several employees. This is the case because a person can work in a company not only at his main place of work. He may have several contracts, for example, main, part-time and GPC.

This mechanism has been implemented so that, in accordance with personal income tax legislation, the total for all places of work for one individual is considered. The remaining calculations are carried out separately.

For example, an employee works in our organization and this is his main place of work. Also, funds are periodically transferred to him under the GPC agreement. Personal income tax must be calculated in total (summed up for both agreements). Payments will be made separately. The program will have one individual and two employees.

In this regard, it is very important to control the absence of duplicates in the directory of individuals. Otherwise, there may be undesirable consequences with incorrect calculations and with the tax authorities. In addition, tax deductions are tied specifically to the individual.

To avoid these situations when filling out data (for example, TIN) in an employee’s card, if the program finds an individual with the same data, it will issue a corresponding message.

If duplicate individuals appear, contact the program administrator so that he can combine cards with personal data using special processing.

Document "Recruitment"

We have added a new employee to the program. Now we move directly to hiring an employee. You can do this in 1C ZUP 8.3 on the home page, in the employee’s card, or through the “Personnel” menu.

In our example, we will accept an employee from the initial page, since those persons who are not hired are clearly displayed there, which is quite convenient.

To do this, select the created employee in the appropriate table and right-click. In the context menu, select “Apply for a job.”

In the document that opens, some fields are filled in automatically. If necessary, correct them, and also indicate the department and position.

If you fill out, then wages will be substituted from it. Let's go to the appropriate tab. That's right, the accrual was filled out from the staffing position. This data can be corrected.

If you do not maintain a staffing table, the “Payment” tab must be filled out manually.

In this article we will look at step-by-step instructions for hiring an employee in 1C Accounting 8.3.

Before moving on not only to reflecting in the 1C:Accounting program the hiring of an employee, but also to other main personnel documents, you need to make some program settings.

Go to the "Administration" section and select "Accounting Settings".

In order for us to use basic personnel documents in 1C, it is enough to enable only two add-ons.

The first is located in the “General Settings” section. We will point out that accounting for payroll expenses, as well as the personnel records we need, should be kept in this program. Below, in the “Personnel Accounting” section, set the moisture level to “Full”. This add-on will give us access to basic personnel documents, including hiring employees.

Registration of hiring an employee

Creating a new employee

In the 1C: Accounting program, just like in 1C: ZUP, there are two directories: Employees and Individuals. One person can have as many employees as there are jobs at a given enterprise he has, for example, the main place of work, part-time work, a GPC agreement.

There must be only one individual. It is unacceptable to duplicate entries in this directory, since it is based on the entries in it that personal income tax is calculated to employees.

Hiring an employee

Go to the “Salaries and Personnel” section and select “Hiring”. If you do not have this item, then go back one step higher to the initial setup of the program.

In the header of the new document you create, you need to indicate the department, position and organization where you are hiring an employee. The employee you created earlier is also indicated here.

The default reception date is the current date, but we can edit this parameter. The trial period in months can be configured in the appropriate field. Next, you need to indicate the type of employment, which is selected from the drop-down list and is limited to four items.

Now all that remains is to fill out the conditions for employment. In the tabular section with accruals, you can indicate several types of accruals at once, for example, salary, bonus, etc. In our example, we set the employee only to pay the AUP salary in the amount of 30,000 rubles.

The procedure for calculating the advance is indicated below: a fixed amount or a percentage of the tariff. You can enter any text in the “Conditions of acceptance” field.

This document will come into force after we complete the movements in the relevant information registers.

See also video instructions for registering an employee as a staff member:

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 provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement , pay the employee wages on time 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 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, 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 the specific situation and needs. Agreements between individual entrepreneurs (individual entrepreneurs), organizations (LLC, JSC, etc.) and employees are presented. 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 introduced amendments to the standard form of an employment contract with the head of a state (municipal) institution.

New from 03/30/2018: MIntrud of the Russian Federation, in letter No. 14-2/B-191 dated March 21, 2018, clarifies whether numbering of employment contracts in a commercial organization is mandatory, 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: “If dismissed without good reason 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 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 performance of specific work 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 the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work assigned to the employee). If, in accordance with this Code and other federal laws, 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 names of these positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant 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) of the 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;
a 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 specified rights and (or) obligations of the employee and employer in the employment contract cannot be considered as a refusal to exercise these rights or fulfill 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 defines: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.

1C: Enterprise in questions and answers Arsentieva Alexandra Evgenievna

21. Employment contract

21. Employment contract

Employment contract- an agreement between an employee and an employer, concluded orally or in writing. Under an employment contract, the employee undertakes to perform certain work, and the employer undertakes to pay him wages and provide working conditions provided for by the legislation of the Russian Federation. An employment contract can be concluded for an indefinite period, for a specific period and for the duration of any specific work.

The employment contract specifies: last name, first name, patronymic of the employee and name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract.

The essential terms of the employment contract are:

1) place of work (indicating the structural unit);

2) start date of work;

3) the name of the position, specialty, profession indicating qualifications in accordance with the organization’s staffing table or a specific labor function, the rights and responsibilities of the employee;

4) rights and obligations of the employer;

5) characteristics of working conditions, compensation and benefits to employees for working in difficult, harmful and (or) dangerous conditions;

6) work and rest regime (if it differs in relation to a given employee from the general rules established in the organization);

7) terms of remuneration (including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments);

8) types and conditions of social insurance directly related to work activity.

It is also possible that the employment contract may contain additional conditions previously agreed upon by both parties.

The grounds for hiring are:

1) employment contract;

2) order (instruction) of the head of the organization on the hiring of this employee, indicating the date of employment.

When concluding an employment contract, a person applying for work presents to the employer:

1) passport or other identity document;

2) work book, except for cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;

3) insurance certificate of state pension insurance;

4) military registration documents - for those liable for military service and persons subject to conscription for military service;

5) a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.

Initially, a draft order (instruction) on hiring is prepared. It is drawn up in one copy by an employee of the HR department for all newly hired employees, except for those appointed by a higher authority (for example, the general director of a joint-stock company is appointed by the founders or another authorized body). The text of the draft order actually indicates the terms of the employment contract. In some cases, a draft order can be a direction for negotiations and a pass to a structural unit to get acquainted with working conditions.

The conclusion on the possibility of admission is approved by the head (master) of the structural unit. The position for which the employee can be accepted, his rank or salary, as well as the duration of the probationary period are displayed on the reverse side of the draft order (instruction).

The reverse side of the order displays the employee’s agreement with the working conditions, the results of negotiations, medical examination, marks on completion of safety training, fire safety minimums and many other marks.

After the draft order (instruction) on hiring an employee is endorsed by the relevant service of the organization to confirm the vacant position and the established salary, tariff rate, an employment contract is drawn up and signed on its basis.

Next, the HR department employee fills out a personal card, makes a note about enrollment in the work book on the basis of an order (instruction) on hiring, and the accounting department opens a personal account or a corresponding document.

Registration of employment in the program "1C: Salary and Personnel"

For users who use the 1C: Salary and Personnel program for labor accounting and payroll calculations, when installing the program on a computer or when making changes to working conditions or payment, certain auxiliary work must be performed.

After filling out all the reference books, we will begin to reflect in the program the fact of hiring an individual.

An individual can act in relation to an organization as an employee (when concluding an employment contract) or as a citizen (when concluding a civil contract).

To reflect the hiring of an individual under an employment contract in the 1C: Salaries and Personnel program, a document is intended "Recruitment» (menu "Documentation"- paragraph "Recruitment"). The document details can be filled out directly in the on-screen form or used to fill out Recruitment assistant(menu "Documentation"- paragraph "Other personnel orders"– subparagraph "Recruitment Assistant""). In the first case, the user needs to understand the purpose of the document details and the procedure for filling them out. Using Assistant the necessary information is requested in dialogue mode and step by step. Wherein Assistant tells you what information must be entered when applying for a job, and what data can be entered later.

To document "Recruitment" All conditions agreed upon in the employment contract are transferred, as well as additional information necessary for labor accounting and payroll calculation.

Analogues of paper employment orders must be duplicated in the program. During the year, all personnel documents are assigned a new number using a single number. Dates of documents details "from" must match the paper copy. In the program, the default date corresponds to the working date, that is, the working day during which the document was registered in the program (menu "Service"- paragraph "Options"– Bookmark "Are common")

Props "Employee" is a link to a directory element "Employees". In this regard, information about the employee with whom the employer enters into an employment relationship is first entered into the directory "Employees".

All documents related to a newly hired employee (except for internal part-time workers) must include his personnel number. In the program, the personnel number is the code of the directory element "Employees". The directory also stores information about individuals with whom the organization enters into civil agreements.

Correspondence between the date specified in the employment contract and the date of employment (field "Accept with") Necessarily. If an employment contract with an employee involves temporary or seasonal work and is concluded for a certain period, then fill out the details "By" should be carried out at the time of conclusion of the contract, but if the employee is hired for a permanent job, then the details are left blank.

If work in this organization is the employee’s main place of work, then check the box “To the main place of work.”

The department in which the employee is hired and the position are selected accordingly from directories "Divisions" And "Positions."

When registering, the rate (full (1.0), half (0.5), etc.) at which the employee is accepted is indicated.

A mandatory condition of the employment contract is the payment system. Selecting a section in the details "Payment system" we determine the composition of additional information that must be indicated on the tab "Basic" document screen form "Recruitment".

The schedule and nature of work, working hours are indicated on the tab "Other" document "Recruitment".

An organization can enter into both labor relations regulated by the Labor Code of the Russian Federation and relations with individuals regulated by the Civil Code of the Russian Federation.

To register a civil contract in the information base (which can be concluded either with an employee already working in an organization or with a citizen who is not in an employment relationship with the organization), there is a document (menu "Documentation" - paragraph “Entering charges”– subparagraph "Civil law agreements")

In the event that we need to enter information about an individual with whom a civil law agreement has been concluded, in the details "Executor", first, the information is entered into the directory "Employees", and then a link to an element of this directory is formed.

A civil contract is usually concluded for the performance of work within a certain period of time. This period is indicated in the details “The deadline for completing the work is from...” And "By..".

The document provides for the possibility of registering the following types of contracts:

1) a work contract, the subject of which is the performance of work or provision of services;

3) license agreement.

The income code of an individual and the deduction code determine the type of agreement, if for this type of income it is provided in accordance with tax legislation. If an organization provides a tax deduction when performing the functions of a tax agent, its amount is indicated on the tab "Taxes" document screen form.

A civil contract, as a rule, indicates the total cost of remuneration for the entire volume of work performed, which distinguishes it from an employment contract. The order in which it is reflected in the screen form determines the value of the attribute "Payment order". For monthly payments, indicate the amount due each month; for a one-time payment at the end of the contract, indicate the total cost of the remuneration.

An entrepreneur without forming a legal entity can act as a party to a civil law agreement. Unlike “ordinary” citizens, whose income tax is withheld and transferred to the budget by the employing organization (tax agent), entrepreneurs pay tax on the income received independently. In addition, payments to this category of citizens are not subject to the unified social tax. Therefore, if a citizen has submitted a certificate of registration as an entrepreneur without forming a legal entity, which defines the type of work that is the subject of the contract, on the tab "Taxes" document forms “Civil contract” checkbox should be checked “Agreement with an entrepreneur...”

Various types of insurance (insurance against industrial accidents, occupational diseases) can also be provided for in a civil contract. To reflect this condition in the document, select the checkbox “Pay premiums for insurance against accidents at work.” Entering additional information about individuals

In documents containing data on the registration of employment orders, or civil contracts for various calculations and reports, additional information about the individual is required: date of birth, length of service, insurance number in the Pension Fund, etc. This information can be entered in the screen forms of the directory element "Employees"

General information that characterizes an individual as an employee of the organization is located on the tab "Employee". Basic data for calculating wages is also stored there. Periodic, excluding props "Prepaid expense", are all the details. When viewing information, the system always provides those values ​​that are relevant on the working date. Data such as residence address, place of birth, total and continuous experience can be seen on the tab "Personnel".

The criteria for calculating the unified social tax for a given individual are set on the tab "Accounting and tax accounting." They display the category of an individual according to the Russian Pension Fund classifier, as well as the need to collect a unified social tax to the federal budget, compulsory medical insurance funds and the Compulsory Insurance Fund of the Russian Federation.

In cases where the organization or its separate divisions are located in the Far North region or an area equated to the Far North regions, then in the details "Territorial conditions" on the bookmark "Company" processing "Configuration Settings" indicate the code RKS or ISS. In this case, in the screen form of the directory element "Employees" an additional bookmark appears "Northern surcharge" on which they indicate the scale on which the percentage increase must be calculated, and the length of service in areas where such an increase is paid in accordance with current legislation. To select a percentage scale, the surcharge is described in the reference book "Percentage bonuses for length of service." Here indicate its name, type and in the subordinate directory, opened by clicking "Scale" describe its size depending on length of service.

A list of types of accruals and deductions that are used (or were used) when calculating wages, as well as their validity period and the document by which they are established, can be seen on the tab "Accruals and deductions." Using a button "Data input" on the bookmark "Basic" directory element screen form "Employees" We can enter any personnel data into the employee’s personal card in Form No. T-2.

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