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:
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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.
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
When a company signs an agreement with a new employee, the lawyer needs to ensure that the text complies with the requirements of the law. In 2019, use the sample employment contract and drafting tips from this article.
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In this article
The company hired a new employee. It is necessary to conclude an agreement with any employee who is appointed to the main position. If a company commits violations when preparing documents, it will face sanctions from the labor inspectorate, and there is also the risk of a lawsuit. You need to find out if there are any errors. You can check the contents with the sample employment contract of 2018, which we attached to the article.
In 2019, you can use a standard form of an employment contract
Section III of the Labor Code of the Russian Federation regulates the process of concluding employment contracts. The requirements of this section for an employment contract with an employee were not changed in 2018. However, in Art. 63 made adjustments in 2017. Now it is possible to entrust light labor to minors at the age of 14 who have received general education, and at the age of 15 who have interrupted their studies or have been expelled and are receiving education in another form.
42 useful documents for a company lawyer
Check your agreements for 2019 using an employment contract template
Regardless of the company’s staff, it is convenient to use a template when preparing a new agreement. Let's look at this template using an example. The structure of the 2018 employment contract is subject to the requirements of Art. 57 of the Labor Code of the Russian Federation: the document has several sections, in each of which the parties establish the terms of cooperation. The template of a standard employment contract included the following sections:
- General provisions. Here the parties to the contract are named, the start date of work is indicated, the nature of the work is described, a note is made on the degree of harmfulness and danger according to the latest special assessment, etc.
- Rights and obligations of the employee and employer. Here they write what rights the employee has under the Labor Code of the Russian Federation and what he must do according to the company’s rules. They record the labor function and make references to internal documents. They also list the rights and obligations of the employer - about timely payment of wages, compliance with labor safety conditions, etc.
- Terms of remuneration. Here they indicate how the company will pay the new employee. It is necessary to list in detail all the regular payments that the employee is entitled to, as well as the conditions for calculating one-time payments. In addition, in this section they write what guarantees and compensation the company will provide to the employee.
- Work and rest schedule. This section indicates not only the working hours and the establishment of days off, but also the conditions for leave: mandatory annual and additional.
- Conditions of social insurance.
- Section on other conditions. In this section, the company established the requirement of non-disclosure of trade secrets and the condition of liability for violation of this requirement.
- Responsibility of the parties to the employment contract.
- Duration, change and grounds for termination of the employment contract.
- Final provisions.
- Addresses, signatures and details of the parties.
This list of sections is not exhaustive. The parties to the labor relationship have the right to include other sections in the document at their discretion. Also, if necessary, the provisions of the contract are supplemented by an agreement that is separately concluded with the employee.
An employment contract with an employee in 2018 can be drawn up in free form
The requirements for the form of an employment contract with an employee have not changed in 2018. The document can be drawn up in free form. It is important to ensure that the content complies with the law. In particular, in the example, the following was written on the 2018 employment contract form:
- last name, first name, patronymic of the new employee;
- data from a document that confirms the employee’s identity;
- employee's residential address;
- full name of the company;
- company tax identification number;
- position, as well as last name, first name, patronymic of the manager;
- place and date of conclusion of the contract.
Despite the fact that the parties will once again indicate all this data in the details section of the agreement, they must be displayed in the “header” of the document.
Download documents
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 certain 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 at 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.
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.
Samples of employment contracts for 2019 have changed. The Simplified magazine has prepared official forms and samples, download the finished sample and use it in your work.
You can fill out an employment contract online in the Bukhsoft program. The program will select a contract template for your situation for free and save it in Word format.
Fill out an employment contract online
10 samples of employment contracts for 2019
Required information
The document is drawn up in any form. In Art. 57 of the Labor Code of the Russian Federation specifies the requirements for its content. The contract with the employee must include the following information:
- Full name of the employee
- company name (full name – for individuals)
- information about employee identification documents
- Taxpayer INN
- place and date of conclusion
- employee's future place of work
- labor function
- start date
- terms of remuneration (salary, bonuses, additional payments, etc.)
- working hours
- rest time mode
- guarantees and compensation for work under harmful and/or dangerous working conditions (if the employee is hired under such conditions)
- nature of work (mobile, traveling, on the road, other type of work)
- working conditions in the workplace
- condition on compulsory social insurance of the employee in accordance with the Labor Code of the Russian Federation and other federal laws;
- other conditions provided for by law and other normative legal acts containing rules of law
Completed sample employment contract
When drawing up a contract with a future employee, we recommend using the sample presented below.
In the example, the agreement below is filled out on behalf of an organization (LLC). The contract can be drawn up with any employee: crane operator, car wash operator, etc. Just indicate the desired position.
Individual entrepreneurs can only fill out the same, they just write the full name of the entrepreneur. For this, individual entrepreneurs can use the form of an employment contract with an employee - 2019 in .doc format, presented below.
Download an example of a completed LLC employment contract
Download an example of a completed employment contract for an individual entrepreneur
Standard contract for small businesses
From January 1, 2019, legislation allows employers who are classified as micro-enterprises to use a standard contract.
The essence of the innovation is that the standard form includes all the necessary information so that they do not have to be written down again in personnel documents. Thus, microenterprises may not operate:
- routine rules
- wage regulations
- bonus regulations
- other local labor regulations
When is
The contract describes the entire procedure for interaction between the employee and the employer, their mutual rights and obligations.
Before signing a contract, an individual applying for a vacancy is offered to familiarize himself with the local regulations of the employer - an organization or an individual entrepreneur. These may be Internal Labor Regulations, Regulations on Trade Secrets, a collective agreement, etc. Such a requirement is described in Art. 68 Labor Code of the Russian Federation. If the employee refuses to confirm in writing that he has read and agreed with the above documents, then the contract should not be signed.
It should be completed no later than three days from the date when the employee began performing his work duties. This is written about in Art. 67 Labor Code of the Russian Federation.
Differences between an employment contract and a GPC agreement
The main features of labor relations are listed in Art. 15 Labor Code of the Russian Federation. In addition, the distinctive features of the agreement were listed by the Ministry of Labor in letter No. 17-3/OOG-990 dated December 5, 2014. The emphasis is placed on the fact that if, under a civil law contract, remuneration is paid for the result of the work of an individual, then in labor relations the subject is the process. The document implies exclusively the personal performance of duties by the employee. Whereas, under a GPC agreement, the contractor can turn to other persons for help.
In addition, under a civil law contract, the contractor has the right to perform his work at a time convenient for him, while the contract implies following the rules of the schedule, including presence at the workplace on established days and hours.
Remember these signs, and if you find signs of a relationship in your relations with individuals, then promptly conclude agreements, as required by Art. 19.1 Labor Code of the Russian Federation.
Types of contract
Depending on the validity period, the document can be:
- urgent (when the contract specifies its expiration date);
- unlimited (when the end date of the relationship is not set).
In addition, it happens:
- at the main place of work (the employee’s work book is stored here, standard tax deductions are provided, etc.);
- part-time (in the case where the employee is already in a relationship with another employer).
Employment contracts can also be divided into types depending on the nature of the work, place of work, etc.
But all such agreements are subject to the same content requirements.
At the same time, Art. 57 of the Labor Code of the Russian Federation contains an important instruction - in the absence of any of the mandatory information, the contract is never invalidated, but requires additions either in the form of appendices or additional agreements, or in the form of additions directly in the text of the document.
The very list of conditions in Art. 57 of the Labor Code of the Russian Federation is not closed. Depending on the nature of the work, additional terms in the text may be required.
In the table you will find the required details in accordance with Part 1 of Art. 57 Labor Code of the Russian Federation:
|
On behalf of the employee |
On behalf of the employer |
|---|---|
|
Last name, first name and patronymic |
The name of the legal entity, as well as the last name, first name and patronymic of its representative, indicating the document confirming the authority (Charter, power of attorney, etc.) Last name, first name and patronymic of an individual (including individual entrepreneur) or his representative, indicating the details of the power of attorney |
|
Information about the identity document (passport (including a foreign passport), birth certificate, etc.) |
TIN, if the employer is an organization or individual entrepreneur Information about an identity document (passport (including a foreign passport), birth certificate, etc.), if the employer is an individual (not an individual entrepreneur) |
|
Date and place of conclusion of the contract |
|
|
Condition |
Options |
|---|---|
|
Place of work |
Name of the employer, location of the branch or separate division, etc. |
|
Labor function |
Position or specific type of work. At the same time, compliance of the names of positions and specialties with qualification directories is not mandatory, unless the position implies the provision of compensation, benefits, etc. |
|
Contract period |
For a contract for an indefinite period, only the start date of work is indicated, but in a fixed-term contract it is necessary to specify its validity period (until a specific date or until the occurrence of certain circumstances). The fixed-term contract must also indicate the basis that allows you to formalize the relationship with a certain period of validity. |
|
Salary Information |
Salary amount, tariff rate, data on allowances, additional payments, etc. |
|
Work time |
This paragraph implies a description of working time and rest time, if there is insufficient information provided in the relevant local regulation. Here it is also necessary to indicate whether the employee is subject to a regime of irregular working hours, whether additional annual leave is provided, etc. |
|
Guarantees and compensation under appropriate working conditions |
This paragraph applies to those employees who will work in hazardous or hazardous work conditions. |
|
Special nature of the work |
The conditions for mobile, traveling nature of work, etc. are described. |
|
Working conditions |
The workplace, work tools, etc. provided to the employee are described. |
|
Compulsory social insurance |
It is enough to include the phrase that the employee is subject to compulsory social insurance - this already implies payment for sick leave, social benefits, etc. |
|
Other mandatory conditions |
In some cases (for example, when concluding an agreement with a foreigner, with athletes, managers, etc.), there are other mandatory conditions that are described in the relevant articles of the Labor Code of the Russian Federation, regulating relations with such employees or with specific conditions |
Who signs
Issued in two copies. This is stated in Art. 67 Labor Code of the Russian Federation. The agreement must be signed by the employee, as well as the sole executive body of the employer or a person authorized by him. The list of persons entitled to sign is given in Part 6 of Art. 20 Labor Code of the Russian Federation.
Please note that if the Charter of the employing organization stipulates the presence of a seal, then it should be affixed to the document. But if the Company does not use a seal in its activities, then it is not placed on the employment contract.
On the employer's copy, the new employee must put a signature confirming that the employee took a similar signed document for himself.
Alteration
Amendments to the contract are described in Chapter. 12 Labor Code of the Russian Federation.
In particular Art. 72 implies (with the exception of only some cases) a change in the terms of the relationship only by agreement of the parties. In this case, additional agreements are always drawn up in writing. In addition, for certain cases, notification of employees about upcoming changes is provided for a specified period of time.
Special cases of changes in working conditions are described in separate articles in Chapter. 12 Labor Code of the Russian Federation.
The following changes to the relationship do not require the employee’s consent:
- transfer to temporary work (up to one month) with the same employer to eliminate the consequences (or to prevent) a natural disaster, industrial accident, etc. (Part 2 of Article 72.2 of the Labor Code of the Russian Federation), as well as in connection with downtime (Part 3 Article 72.2 of the Labor Code of the Russian Federation);
- changes related to organizational or technological working conditions (Article 74 of the Labor Code of the Russian Federation);
- other cases provided for by the Labor Code of the Russian Federation.
All additional agreements are an integral part of the contract itself.
Download a template of a standard contract
On our website you can download a sample form. Use it as a basis for developing your contract.
Template of a standard contract
In 2016, legislators supplemented the Labor Code of the Russian Federation with Chapter 48.1, which regulates the relationship between an employee and an employer, which is a micro-enterprise. The chapter came into force on January 1, 2017.