In 2019, draw up an employment contract for each employee separately. At the same time, take into account the specifics of the work and the peculiarities of working conditions. We'll tell you what should be in an employment contract and how to draw it up. Also in the article you will find ready-made samples of employment contracts for 2019 with employees of different professions and working conditions.
Employment contracts with employees: ready-made samples for 2019 (download for free)
An employment contract is the main document that confirms the existence of an employment relationship between an employee and an organization. There are general terms of the contract, but in each specific case the employer can exclude and change them. Below, download samples of employment contracts relevant for 2019.
Sample employment contract for 2019 with the chief accountant (section 1 "General provisions")
Employment contract 2019: concept and types
Employment contract is an agreement between an employer and an employee, according to which one party undertakes to provide work and pay money for it, and the second party to perform its duties on its own and obey the rules of the employer (Article 56 of the Labor Code of the Russian Federation).
By law, a contract must be drawn up separately for each of the accepted newcomers. It is important to remember that this document cannot be replaced with any other. For example, by order or directive of the director.
It is necessary to conclude an agreement with an employee within three days of hiring him (Part 3 of Article 67 of the Labor Code of the Russian Federation). True, the law does not prohibit drawing up a contract in advance - before the employee begins to perform his duties. To do this, only the date of its release is reflected.
If the new employee does not show up on the designated day, the contract can be canceled (Article 61 of the Labor Code of the Russian Federation). And it doesn’t matter for what reasons he didn’t go to work on the first day.
The contract must be strictly in writing. You cannot verbally promise employment. After all, in fact, the employee will not know what working conditions he agreed to. Therefore, the contract must be drawn up on paper, in two copies - for the employer and the employee. Proof that the parties have discussed all the terms will be the signatures on the document.
An absolute rule when hiring new employees is also to familiarize yourself with internal documents. For example, internal regulations, regulations on remuneration, business trips, labor protection rules at work, etc. (Part 3 of Article 68 of the Labor Code of the Russian Federation).
If an employer does not follow the procedure for hiring employees, this is a violation. Labor inspectors will fine both the company and its manager (or personnel officer). The penalties are significant:
The employer does not recognize the employment relationship
- from 10 to 20 thousand rubles - for a manager, director (Part 3 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
The employer evades or has entered into a contract with violations
- from 10 to 20 thousand rubles - for a manager (director);
- from 50 to 100 thousand rubles - per company (Part 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
Important
The company does not have the right to simply refuse a job to an applicant; there must be a good reason. For example, his qualifications do not correspond to the open position, he has no knowledge of a foreign language, etc. It is also impossible to refuse employment on grounds of discrimination: gender, race, skin color, religion, etc. If the applicant asks to justify the reason for the refusal, the employer must respond in a letter to 7 working days (Article 64 of the Labor Code of the Russian Federation).
Employers themselves draw up an employment contract, the form is arbitrary. Therefore, the structure of the document for certain newcomers may differ due to the specifics of the job, position, location and working conditions, etc. In addition, contracts are distinguished by the status of the employer - LLC, JSC, individual entrepreneur or employee - minor, foreigner, etc. Types of contracts, see the diagram below.
Employment contract with employee 2019: terms
The procedure for drawing up an employment contract in 2019 involves approval of the terms within which the newcomer will perform duties. According to the code, a contract can be signed for:
- indefinite term;
- limited in time (urgent).
At the same time, staff must be hired indefinitely. More precisely, with an open dismissal date. Since for a fixed-term contract there must be circumstances under which it is impossible to hire an applicant for an indefinite period (Article 59 of the Labor Code of the Russian Federation). For example, for a season, to work abroad, etc. Moreover, a fixed-term contract should last no more than 5 years - this is the maximum period. For example, you can hire a specialist for temporary work for no more than 2 months.
The validity period of a fixed-term contract may also depend on a number of events that should occur in the near future. For example, before the main employee goes to work. The reason for the urgency must be written down in the contract itself, otherwise it can be declared invalid.
The employer can also establish a probationary period, no more than 3 months. For managers, deputies and chief accountants, the tests last a little longer - up to 6 months (Article 70 of the Labor Code of the Russian Federation).
Employment contract form 2019: contents
Employers decide independently how to draw up an employment contract. There is no single form, since employees have different functions, work hours, remuneration amounts, etc. Nevertheless, mandatory and additional information is highlighted in the contract (see Table 1).
Table 1. Contents of the employment contract
| Required information | additional information |
|---|---|
|
Place of work (branch, division, representative office); Labor function; Work start date; Tariff rate, salary (allowances, bonuses, etc.); Working hours (lunch breaks, weekends); Guarantees if the employee will perform dangerous or harmful work; Working conditions (traveling, on the road, etc.); Working conditions; Employee insurance, etc. |
Probation; On non-disclosure of trade secrets; The period of service for training an employee at the expense of the organization; Additional insurance; Material assistance to the employee and his family; Rights and obligations of the employer and employee; Rules of non-state pension insurance, etc. |
Small businesses - companies and individual entrepreneurs
Employers of this level have the right to use standard employment contracts (Resolution of the Government of the Russian Federation dated August 27, 2016 No. 858). At the same time, it is not necessary to leave all the points; some of them can be excluded (letter of the Ministry of Labor of Russia dated June 30, 2017 No. 14-1/B-591).
Reflect the information in the contract sequentially - in sections. For example, the contents of the form should include the subject, rights and responsibilities of the employee, etc.
Among other points, reflect the working conditions. This is a mandatory section that reflects the classes and subclasses of danger and harm of work. They are determined based on the results of a special assessment or workplace certification (see Table 2). If the work is harmful, then benefits and compensation are provided.
Table 2. Classes and subclasses of working conditions
| Classes | Working conditions | Decoding |
|---|---|---|
| 1 class | Optimal | Safe (working conditions comply with the norm) |
| 2nd grade | Acceptable | Dangerous and harmful conditions are not higher than normal (rest periods and breaks between shifts are required) |
| 3rd grade | Harmful |
Harm caused to an employee is higher than normal. There are 4 subclasses of the degree of danger and harm to the body and health: 3.1 subclass- there is a health risk, the body recovers with a long rest 3.2 subclass- risk of initial forms and mild severity of occupational diseases (without loss of professional/work capacity) 3.3 subclass- mild to moderate severity of occupational diseases (with loss of occupational/work capacity) 3.4 subclass- severe form of occupational diseases (loss of professional/work capacity) |
| Dangerous | There is a threat to the life and health of an employee |
In the “Payment” section, write down not only the size of the tariff rate or salary, but also other payments. For example, allowances, plan bonuses, etc. If you forgot to reflect the type of additional payments, you can make changes to the section by means of an additional agreement. Provided that this does not infringe on the rights and interests of the employee. Therefore, before adjusting wages, obtain his consent.
The 2019 employment contract form must also include a section “Rights and obligations of the parties.” Most of its points are determined by law. For example, the employer is obliged to provide work, ensure working conditions, and pay wages on time (see Table 3).
Table 3. Rights and obligations of the parties
| WORKER | EMPLOYER |
|---|---|
|
Right: Get a job; To a workplace that complies with labor protection rules; Receive wages and other remuneration for work; To rest; For social and pension insurance; Terminate the contract on your own initiative, etc. |
Right: Control the work process; Reward for work; Issue local acts and bring the employee to disciplinary liability Terminate the contract on your own initiative within the framework of the rules of the Labor Code of the Russian Federation, etc. |
|
Duty: Perform your functions systematically; Carry out work personally and fulfill your duties; Comply with internal company rules, discipline, etc. |
Duty: Provide the employee with work; Ensure safe working conditions; Pay the employee on time; Provide rest time and breaks; Pay insurance premiums for the employee; Provide guarantees - vacation, severance pay upon dismissal, etc. |
Employment contract 2019: procedure for signing with an employee
Applicants who are 16 years old are allowed to be hired, and if they are a foreigner - from 18 years old. At the same time, you can conclude a contract with a teenager under 16 years of age if the work is light and without harm to health (Article 63 of the Labor Code of the Russian Federation). But no matter how old the candidate is, he must be accepted in accordance with the following algorithm:
Before concluding a contract, ask the future employee for documents. The list of papers that will be needed is in Article 65 of the Labor Code of the Russian Federation. Among them are:
- passport;
- work book;
- SNILS;
- diploma of education;
- military ID;
- certificate of absence of criminal record;
- work permit or patent if the applicant is a foreigner;
- parental consent for the teenager to work, etc.
In addition to these papers, request consent to the processing of his personal data. The applicant must complete this document, otherwise the company will be fined.
Step 2. Draw up an employment contract and sign it with the employee
Based on the documents received, fill out the form. In the header of the contract form, indicate the surname, first name, and patronymic of the future employee. Then reflect his position, work functions, payment conditions, rest time, place of work, etc.
Fill out the form in 2 copies - for yourself and the employee. The contract is endorsed on behalf of the organization by the manager or representative who replaces him during his absence. Then put the phrase “ACTIVE” on the form before your signature. The employment contract form in 2019 is signed on behalf of the teenager by his parents or guardian.
You don’t have to assign a number to the document; this is not a prerequisite. But with the number it will be easier to streamline document flow. For example, write down No. 12/2019.
You don’t have to put the organization’s seal on the form, but a document with an imprint is not an error.
Step 3. Issue an order to hire an employee
The admission of an applicant to the staff must be confirmed by an order or directive from the director. The document is optional, but you can take form No. T-1 (approved by Resolution of the State Statistics Committee dated January 5, 2004 No. 1).
In the order, write down the salary amount and other additional payments and compensations that the newcomer will receive. Also include conditions for the employee’s probation, for example, 3 months. If you accepted an applicant without a probationary period, please put a dash in the field.
The order must be issued within 3 days and the new employee must be familiarized with it (Article 68 of the Labor Code of the Russian Federation).
Step 4. Fill out the work book
Based on the order to hire a newcomer, fill out the work book form. If this is the employee's first job, you will need to fill out a cover page. In it, write down your full name, date of birth, information about education and the date you created your work book.
Then enter the information in the Job Details section. First, write down the full name of your organization, then in a line below the position for which the newcomer was hired. Here you will need to reflect the basis - this is the order of acceptance. Enter the data in column 4 (see sample).
| Entry no. | date | Information about hiring, transfer to another permanent job, qualifications, dismissal, indicating the reasons and a link to the article, paragraph of the law) | Name, date and number of the document on the basis of which the entry was made | |||
|---|---|---|---|---|---|---|
| number | month | year | ||||
| 1 | 2 | 3 | 4 | |||
| Limited Liability Company "Sintek" (LLC "Sintek") | ||||||
| 8 | 01 | 08 | 2019 | Recruited to the sales department as a manager | Order dated 01.08.19 No. 34-k | |
|
Head of HR Department Ivanova G.N. Ivanova #signature# |
||||||
| Petrova#signature# | ||||||
| <...> | ||||||
Employment contract with an employee 2019: termination procedure
The employer and employee can terminate the contract on their own initiative (see table 4). But for this they must notify each other. Worker warns at least two weeks in advance, and in writing, and not via SMS or messenger message. Otherwise, inspectors will issue a fine (decision of the Rostov Regional Court dated August 3, 2017 in case No. 11-764/17).
An employer can also dismiss an employee before the expiration of the contract, but only for good reasons. For example, repeated violation of labor discipline, for which a penalty was issued - a reprimand or reprimand (Article 81 of the Labor Code of the Russian Federation).
Table 4. Initiative to terminate a fixed-term employment contract
| Employee (Article 80 of the Labor Code of the Russian Federation) | Employer (Article 81 of the Labor Code of the Russian Federation) | |
|---|---|---|
|
Illness or disability; Illness of a family member; Failure by the employer to fulfill its obligations, terms of the contract, or violation of labor laws; Moving to another village, city, region; Admission to an elected position; Other reasons |
Liquidation of an enterprise; Staff reduction; The employee is not suitable for the position held; Failure by an employee to fulfill his duties; Change of company owner; Violation of discipline by an employee; Providing false documents when applying for a job; Causing harm to the company, etc. |
After dismissal of an employee, keep personnel records in the archives. To do this, keep a folder where you file things. Cases can be formed according to the year of hiring or dismissal of employees.
The shelf life of contracts until 2003 is 75 years. Documents with a date after 2003 are stored for up to 50 years (clause 657 of the order of the Ministry of Culture of Russia dated August 25, 2010 No. 558). But if the company is liquidated or bankrupt, then transfer the files to the municipal archive.
If you decide to hire employees to your business team, you will need an employment contract. It is like an airbag that will protect you from many controversial situations and allow you to avoid problems with the law. There have never been clear requirements for filling out the document, except for the presence of mandatory details. So it is in 2019, but something has changed - businessmen whose companies fall into the rank of micro-enterprises will be able to use a standard form specially developed for the employment contract of an individual entrepreneur with an employee. For what? To abandon the numerous personnel documentation that it replaces. The article answers the question of how to draw up a regular and standard contract.
Can individual entrepreneurs enter into a TD?
The Labor Code states that both a legal entity and an individual can join the list of employers. The latter are divided:
- For an individual with the status of an individual entrepreneur;
- For individuals without status who enter into contracts with other people who will serve them or perform any work.
According to labor legislation, individual entrepreneurs can enter into an employment contract with an individual entrepreneur. Such a document is drawn up in the standard manner, but in the header of the agreement it should be indicated that both parties have the status of an individual entrepreneur and the details of the relevant certificates.
Model agreement 2019: download form
From 2019, all individual entrepreneurs and organizations that fall under the concept of microenterprises will be able to use a standard form of employment contract. The sample standard form developed for a new employment contract between an individual entrepreneur and an employee has a more comprehensive content that is 99% compliant with all legal standards. And it replaces a whole list of regulations, which some employers will now be able to refuse:
- Payment Regulations;
- Labor regulations;
- Labor safety instructions;
- Job descriptions;
- Shift schedule.
The innovation is voluntary. That is, micro-enterprises are not obliged to use this particular form of employment contract, and large enterprises are not required to use it. If an individual entrepreneur who does not fall under the micro-enterprise decides to apply a standard agreement, he has the right to do so. But he cannot refuse personnel documentation.
It’s customary that if an individual entrepreneur doesn’t know something, he goes to the Federal Tax Service website. And the company's attitude towards microenterprises is no exception. To check what type of enterprise yours belongs to, use the section “Unified Register of Small and Medium-Sized Businesses”.
Your company could be included in the Micro list if it meets the following requirements:
If everything matches up and you decide to use a standard agreement, know that it can be changed. It is not necessary to complete all sections. For example, if working conditions are in no way related to remote work, then the clause about it can simply be deleted.
Types of TD
The entrepreneur has the right to conclude any of the existing contracts with the employee. There are 3 of them in total.
1. Indefinite
It assumes the employment of an individual on a permanent basis, and therefore has no validity period. Typically, this type of document contains social guarantees provided by the employer and the responsibilities of the employee.
2. Urgent
Employers enter into this type of contract for one purpose - to fire an employee immediately after the expiration of its term. They appoint the latter at their own discretion and indicate it in the document. This could be an annual contract or even a monthly one. The maximum period provided for by law is 5 years.. Afterwards, the contract must either be extended or terminated.
According to the Code of the Russian Federation enterprises cannot enter into a fixed-term employment contract without reason, it can only be applied if the individual entrepreneur accepts the employee under the following conditions:
- To perform urgent and seasonal work;
- To temporarily replace an employee on maternity leave or sick leave;
- For the period of vocational training or internship of an employee.
And also if an employer employs a pensioner (due to restrictions or age), or if a person goes to work for an entrepreneur who employs less than 35 people. The last paragraph of individual entrepreneurs can be used as the basis for drawing up a fixed-term contract with each employee.
It is necessary to notify the employee about the termination of employment 3 days before the end of the contract term. If it comes to an end, and neither party wants to terminate the relationship, the contract is recognized as valid for an indefinite period.
3. Civil law
This is a contract concluded for one-time work. It does not provide social guarantees, does not provide for employee insurance, and according to it the individual entrepreneur is not obliged to provide tools and a workplace. The employee is employed temporarily.
Filling out TD: sample and form
In order for the employment contract concluded between you and the employee to have legal force, you must indicate in it all the required information:
- Information about the employee: full name and from passport;
- Information about the employer: full name, from passport and TIN;
- Date of conclusion;
- Start and end of the action (if necessary);
- Rights/obligations of the parties to the agreement;
- Job title;
- Place of work;
- Working conditions and availability of compensation for hard (dangerous, harmful) work;
- The salary at which the individual entrepreneur will pay wages;
- Conditions for paying allowances and bonuses;
- Work and rest schedule;
- Social guarantees;
- Types and conditions of insurance.
The document must be drawn up and signed in two copies.- one will remain with the employer, the second is intended for the employee. In the place of signatures, you must indicate all the data about the individual entrepreneur and the hired individual according to the passport.
In addition to basic information, you can enter additional information, make edits, adjustments. The businessman has the right to determine what to add himself. An approximate list of additional items:
- On non-disclosure of official, commercial and other secrets;
- On the mandatory repayment of funds spent by the employer on employee training;
- On the conditions and types of additional insurance;
- On improving the living conditions of the employee and his family.
In order not to spend a lot of time on registration of each employee, the easiest way is to create a ready-made template that meets your requirements and print it as needed.
List of required documents
When applying, the future employee must provide you with a certain package of documents:
- Passport;
- SNILS (insurance card);
- Military ID (if he is a man of military age);
- Documents confirming qualifications;
- Work book.
If your company became the employee’s first place of work, you are obliged to provide him with a work book, SNILS. And if you employ a minor, you must request written permission from one of the parents or other official representative.
By mutual agreement of the parties, an employee can work even before concluding an employment contract, but according to Art. 67 of the Labor Code, a businessman is obliged to formalize it in accordance with all points of the law within three days after the start of work.
Registration of an employee in funds
After signing the contract, draw up and sign an order for hiring an employee and collect a package of papers for registration with the Pension Fund and the Social Insurance Fund in order to register as an insured employer. As soon as you become an employer, the countdown begins for 10 days for mandatory registration with the Social Insurance Fund and 30 days with the Pension Fund.
If you decide not to register yourself with the Pension Fund and the Social Insurance Fund as an employer, you will be fined. For submitting documents with a delay of 90 days or more, you will be required to pay 10,000 rubles, less than 90 days - 5,000 rubles.
Any employer, including individual entrepreneurs, must pay contributions for each of its employees. The list of payments includes the following payments:
- for pension insurance;
- for health insurance;
- For social insurance.
Plus, a businessman who earns money through entrepreneurial activities and hires staff is a tax agent and must pay personal income tax. The amount of tax for employees is calculated from the total amount of all contributions in their favor. This includes wages, allowances, bonuses, and some types of financial assistance.
Income tax is paid for all individual entrepreneurs. In the general taxation regime, it is mandatory and amounts to 13% of deductions in favor of an individual, but in the simplified taxation system, PSN and UTII it is not necessary to pay it.
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 an employment contract is, look at typical mistakes made when drawing it up, and 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 his job duties, the employer is required 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 of the document, but also a number of mandatory conditions regarding the content. The latest changes to the article of the Labor Code on the content of an employment contract (Article 57) were made 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;
- duration of the contract or start date of work;
- regulations on wages;
- characteristics of work in the workplace;
- social insurance of workers;
- working and rest hours, nature of work, if these conditions differ from the general rules established 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 HR employees, and the employee only has to sign, thereby confirming his familiarity 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 a contract by the employer or failure to provide a copy to an employee is an offense for which the manager bears responsibility under 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.
For example, it is necessary to record the employee’s familiarization with the job description, conduct and register the employee’s completion of induction training at the workplace, labor protection and fire safety standards. 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. 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 how to operate them safely. 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.
Don't know your rights?
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 must contain an indication of the individual characteristics of the labor relationship 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 harmful or dangerous working conditions or your salary includes yourself and 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 the employer, and the program itself will formalize them into a standard contract and make it possible to download the employment contract with the employee in a 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 legal portal, but do not 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:
- 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.
- 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.
- 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.
- 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.
- Other terms of the employment contract that do not fall under the mentioned sections.
- Finally, the signatures of the parties are affixed.
IMPORTANT! From 01/01/2017, micro-enterprises (firms and individual entrepreneurs with up to 15 employees 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 labor, 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 for the employee to social government bodies, is not obliged to provide parental leave, etc.
In addition, this group of contracts is not subject to minimum wage requirements, and the employee will not be able to protect his interests through the labor inspectorate. If something happens, he will have to defend his interests independently in a court of general jurisdiction.
Work under a civil contract is not counted towards the length of service if insurance premiums are not paid for the employee, which, of course, will have an extremely negative impact on your future pension; in addition, management’s powers to terminate such a contract 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 terminating a civil contract will not pose any particular difficulties. The fact is that such contracts are terminated in including, and unilaterally, unless otherwise provided, only work actually performed will be compensated. No compensation for unused vacation, no payments that would take place in the event of a job reduction, 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
Read this helpful guide to employment contracts. Use it to choose a shape or download ready-made samples. We provide mandatory and additional conditions, and tips for the employer.
In the article:
Download the right template from the experts. Look for more unique designs ⬇
How to choose the form of an employment contract
Article 56 of the Labor Code of the Russian Federation does not indicate a written form of the agreement. Therefore, not only the signing of a paper document, but also simple admission to work is equated to the conclusion of an employment contract (Part 3 of Article 16 of the Labor Code of the Russian Federation). But after actual admission to work, the contract must be drawn up in writing. Article 67 of the Labor Code of the Russian Federation reminds us of this.
- information about the contracting parties,
- working conditions agreed upon by the parties.
There is no standard form of employment contract that is mandatory or recommended for all companies. Each employer has the right to independently develop a template employment contract for its employees. The main thing is to prevent violations of the contents of this document.
Find out in the "Personnel System" how to create an employment contract template for an organization
There are standard employment contracts for a limited number of workers:
- for heads of government institutions (form approved by Decree of the Government of the Russian Federation dated April 12, 2013 N 329);
- for employees of structural divisions of JSC Russian Railways;
- for seamen working as part of the crews of sea vessels and mixed navigation vessels flying the state flag of the Russian Federation;
- for employees of micro-enterprises (form approved by Decree of the Government of the Russian Federation dated August 27, 2016 No. 858).
Employment contract with an employee: sample 2018–2019
We have collected for you a selection of the most popular employment contract samples. Download them to easily conclude employment contracts in 2018.
Employment contract with an employee (sample)
EMPLOYMENT AGREEMENT No.
________________ "___" ______________G.
Represented by ________________________________________________________________________________,
acting on the basis ___________________________________________________,
hereinafter referred to as the “Employer”, on the one hand, and _______________________
________________________________,
we refer to____ hereinafter as “Employee”, on the other hand, and together referred to as
The “Parties” have entered into this employment agreement as follows:
1. GENERAL PROVISIONS
1.1. Under this employment contract, the Employer provides the Employee with work
by position _______________________________, and the Employee undertakes personally
perform the specified work in accordance with the terms of this labor contract
agreement.
1.2. An employee is hired in the _____________________________________ department
Employer's organization.
1.3. Place of work of the Employee – ________________________________________________ .
1.4. Work under this employment contract is for the Employee
_________________________________ (main, external (internal) part-time)).
1.5. Working conditions at the Employee’s workplace ___________________________________.
1.6. This employment contract is concluded on ________________________________
term.
1.7. This employment contract comes into force on the day the Employee is admitted to work,
determined by clause 1.8 of the agreement.
1.8. The start date of work is _____________________________________________________.
1.9. The employee is given a probationary period of ______________
months in order to verify the Employee’s compliance with the assigned work.
All mandatory information is specified in part one of Article 57 of the Labor Code of the Russian Federation.
1. Last name, first name, patronymic of the citizen with whom we are concluding an agreement.Be sure to write in full, not with initials.
2. Name of the employer.For an organization, we first indicate the full name, and the short name in brackets. Some organizations may not have a short name. If the employer is an individual, then simply indicate his last name, first name, and patronymic in full.
3. Information about documents proving the identity of the employee and the employer - an individual.To conclude an employment contract, such a document can only be a passport of a citizen of the Russian Federation or a temporary certificate, which is issued at the time of reissuance of the passport. For those who do not have Russian citizenship, such documents may be other documents (refugee certificate, residence permit, passport of a citizen of a foreign state, etc.).
4. Employer's TIN.
5. Information about the employer’s representative who signed the employment contract, and the basis on which he is vested with the appropriate powers.
In organizations, as a rule, this is a director acting on the basis of the Charter. In representative offices and branches, this person may be the head of the branch, acting on the basis of an order or local act. The individual entrepreneur himself is authorized to sign employment contracts.
6. Place and date of conclusion of the employment contract.In the understanding of the law, the place of conclusion of the contract is the name of the locality where the employer is located. Read more about how to register your place of work in the article >>
If an employment contract is concluded with a citizen of another country or a stateless person, then you need to provide additional information about the document:
- which allows stay in the Russian Federation,
- on the basis of which the employee will be provided with medical care during the term of the employment contract.
Attention! If you have already concluded employment contracts with employees, but did not include in the text any mandatory information provided for by the Labor Code of the Russian Federation, then this is easy to fix. The missing information must be entered by hand directly into the text of the contract (in both copies). After this, the entry made is certified by the signature of the employee and the employer’s representative. The editors of the magazine "Personnel Business" analyzed 8 cases,
Table with mandatory conditions
In the “Personnel System” you will find the contents of the employment contract - general information, mandatory and additional conditions
The Labor Code in Article 57 establishes a number of mandatory and additional conditions for inclusion in an employment contract.
Table. How to correctly formulate the mandatory terms of a contract
Please note that it is not necessary to include a section on the rights and obligations of the parties in the employment contract, and certainly this section should not be the main one.
Additional terms: tips for employers
The absence of additional conditions in the employment contract will not entail punishment for the employer. But they will make the contract more profitable for the company. The main requirement for such conditions: they must not contradict current legislation and documents of the organization.
The most common additional conditions
1. Test.
Article 70 of the Labor Code of the Russian Federation allows the establishment of a test when concluding an employment contract. What does this give to the employer? First, the employee works more diligently, striving to successfully pass the test. Secondly, there is an additional basis for dismissing an employee under Article 71 of the Labor Code of the Russian Federation.
But you need to take into account the limitations of the duration of the test:
- For heads of organizations and their deputies, chief accountants and their deputies, heads of branches, separate structural divisions - no more than six months.
- For other employees - no more than three months.
- For employees with whom the contract is concluded for a period of two to 6 months - no more than 2 weeks.
It is not necessary to set the upper limit for the specified duration. You can limit yourself to a month or two.
2. Clarification of the employee’s responsibilities.
The contract can specify the obligations of the employee and the employer specified in the Labor Code of the Russian Federation, as well as the obligations arising from the terms of the agreements and collective agreement. For example, an employee’s responsibilities can be included in an employment contract:
- notify of absence from work in case of illness;
- notify about the intention to donate blood and the facts of blood donation for donors;
- the need to come to the workplace 15 minutes before the start of the shift;
- treats equipment and office equipment with care;
- comply with the dress code or other requirements of the corporate culture;
- do not make harsh statements about colleagues and clients of the company, etc.
3. Additional grounds for dismissal.
For the majority of employees, the grounds for dismissal at the initiative of the employer are listed in the Labor Code of the Russian Federation and are not subject to expansion. But additional grounds for termination of an employment contract can be provided with the following categories:
- heads of the organization (clause 3 of Article 278 of the Labor Code of the Russian Federation);
- employees working for an employer - an individual (Article 307 of the Labor Code of the Russian Federation);
- employees of a religious organization (Article 347 of the Labor Code of the Russian Federation);
- remote workers (Article 312.5 of the Labor Code of the Russian Federation);
- homeworkers (Article 312 of the Labor Code of the Russian Federation)
The Labor Code also allows the inclusion in an employment contract of conditions that improve the employee’s situation. For example, Article 292 of the Labor Code of the Russian Federation allows employees who have entered into an employment contract for a period of up to two months to receive severance pay upon dismissal due to reduction, although as a general rule they are not entitled to severance pay at all. And Article 301 of the Labor Code of the Russian Federation allows higher payment for inter-shift rest days to be prescribed in the employment contract.
An employment contract is not just a formal requirement of the law. A well-drafted contract can protect the employer during inspections, helps control the employee, and effectively organize his work.
Keep in mind that incorrect execution of an employment contract is included in a separate offense under Article 5.27. Code of Administrative Offenses of the Russian Federation. In accordance with paragraph 3 of this article, the fine for an organization will be 50-100 thousand rubles, for officials - 5-10 thousand rubles.
12/27/2018, Sashka Bukashka
An employment contract is the main document that establishes the rules and features of the relationship between a hired specialist and his employer. We will tell you in detail how to correctly draw up an employment contract with an employee; you can also download the 2019 sample for free in our article.
A signed formal agreement between an employee and an employer is a guarantor of the rights, freedoms and obligations of both parties, which are established by current legislation and also agreed upon through negotiations. In simple words, the concluded employment contract establishes the job responsibilities of a specialist, the periods of his work, responsibility, as well as the procedure and amount of remuneration. Thus, this is the main document that regulates the relationship between the employee and the organization where he works.
The current form of an employment contract with an employee for 2019 can be downloaded for free at the end of the article. The current form is presented there.
And here’s what a completed sample employment contract with an employee looks like in 2019:
Meaning and types of employment contracts
Features of drawing up an employment contract, the form and form of the document are regulated in. The key significance of the contract is the officially established terms of the relationship between the hired specialist and the employer. That is, the document must disclose:
- basic rules and working conditions, determined taking into account current standards and requirements (safety rules, sanitary standards, legal regulations);
- the amount and frequency of payment for labor (compensation and incentive payments, state benefits, bonuses, vacations, etc.);
- job responsibilities and instructions that must be followed;
- features and rules for making changes to the current conditions;
- procedure for termination or termination of an employment contract.
An example of a contract between individuals - an employment contract with an employee (sample 2019) download for free:
What must be included in an employment contract
To draw up such contracts and agreements, a unified form is used - a sample employment contract 2019. The form was approved by Decree of the Government of the Russian Federation No. 858 of August 27, 2016. However, this is only a recommended standard form. The company can develop its own.
The employment contract must be drawn up in two copies, the first remains with the employer, the second employment contract (completed sample) - with the hired specialist. Each copy must be signed by both parties. A document without a signature is considered void (invalid).
IMPORTANT! If a new employee starts work without a signed 2019 employment contract (download a sample below), then the agreement is considered concluded and has legal force. However, the employer is required to conclude a written contract within 3 working days.
The employment contract must contain the mandatory details specified in:
- Name of the employer's company (full name of an individual, private entrepreneur or individual) and full name. employee.
- Passport details of the hired citizen and TIN (OGRN) of the employer.
- Date and place of conclusion of the contract.
Then, in the employment contract, sample 2019 (download the form at the end of the article), the conditions relating to the employee’s professional activities should be disclosed:
- workplace (where it is located, what should be provided);
- profession (position, responsibilities);
- the moment from which it is necessary to start work (end date for a fixed-term employment contract);
- terms of remuneration (frequency, size, types of remuneration for labor);
- working hours, rest periods;
- conditions and nature of work;
- guarantees and compensation provided by the employment contract.
Additionally, it may contain information about bonuses () to employees, about voluntary medical insurance (if the organization provides it to its staff), and, of course, about the probationary period (if it is intended). In general, an employment contract should describe as fully as possible the relationship between the two parties - the employee and the employer.
If some terms of the employment contract were adjusted after the parties signed the document, an additional agreement is drawn up, which specifies all these changes. And it is also signed by the employee and the employer.
An organization cannot unilaterally change an employment contract. This applies to any working conditions that are specified in this contract: place of work, time, payment, regime, and so on. All changes to these components are changes to the employment contract, which means they can only occur with the consent (and signature) of the employee.