Is an employment contract required? Mistakes of the employer in the execution of employment contracts. What can not be included in the employment contract. When oral form is allowed


Innovations in Labor Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation were introduced by the Federal Law of December 28, 2013 No. 421-FZ. Employers should take into account that they are sharply tightening for attracting an employee to work without registration with him labor relations. Let's talk about the differences between labor and civil law contracts.

The difference in the types of contracts

As a matter of fact, such general concept, as a "civil law contract" (contract of a civil law nature), does not exist. Most often, employers enter into a contract with contractors or a contract for the provision of services for a fee, regulated by the norms of chapter 37 or chapter 39 of the Civil Code of the Russian Federation, respectively.

So, for example, according to paragraph 1 of Article 702 of the Civil Code of the Russian Federation, under a work contract, the contractor undertakes to perform certain work on assignment and hand over its result to the customer, and the customer undertakes to accept the result of the work and pay for it. The Contractor independently determines the ways of fulfilling the received task.

Under a contract for the provision of services for a fee, the contractor must, on the instructions of the customer, provide services (perform certain actions or carry out certain activities), and the customer must pay for these services (clause 1, article 779 of the Civil Code of the Russian Federation).

As you can see, the unifying beginning here is the end result. That is, the main thing is that he arranges the customer, and how the work is done (service is provided), it does not matter to him - this is the contractor's business.

It is more difficult with employment contracts, they are not concluded for the performance of some one-time work. The results for the employer, of course, are no less important, but the nature of the relationship is completely different. Labor relations are regulated by the norms of labor legislation. But if we discard them, of course there is a similarity, since labor, whatever you call it, is a certain activity. Hence the many controversies.

What is the benefit

The use of civil law relations instead of labor relations is explained economic efficiency such a replacement.

After all, in the case when the work is performed, say, for the amount of his remuneration under the contract, the employer does not need to accrue contributions to the mandatory extra-budgetary funds.

Individual entrepreneurs who do not make payments to individuals pay contributions for themselves at fixed rates, and only for compulsory pension insurance (at the rate of 26%) and for compulsory insurance to the Federal Compulsory Medical Insurance Fund (at the rate of 5.1%). At the same time, the amounts of contributions are calculated on the basis of the minimum wage (subparagraph 2, paragraph 1, article 5, article 14 of the Federal Law of July 24, 2009 No. 212-FZ). Such entrepreneurs do not pay contributions to the RF Fund (unless they want to do it voluntarily).

The minimum wage in the amount of 5554 rubles. per month by the Federal Law of December 2, 2013 No. 336-FZ.

An entrepreneur can apply the "simplified" taxation with the object of taxation "income" with the payment of a single tax at a rate of 6 percent. In addition, by virtue of clause 3.1 of Article 346.21 of the Tax Code of the Russian Federation, he has the right to reduce the amount of the single tax by the entire amount of contributions paid without applying the limitation of 50 percent of the amount of assessed tax. This was confirmed in a letter dated February 28, 2014 No. GD-4-3/3512.

As a result, the contributions included by the employer in the price of the contract will be less than the amount that the employer would pay in the form of contributions from payments to his employee.

Well, the contractor, who is an entrepreneur, will not pay 13 percent of personal income tax to the budget, as if he were an employee of the organization, but only 6 percent of income.

Let us explain what has been said with a specific example.

Example
Estimator of ZhilStroy LLC V.I. Karpov had a salary of 45,000 rubles. From this income personal income tax in the amount of 5850 rubles was withheld monthly. (45,000 rubles x 13%). For 2013, the amount of tax amounted to 70,200 rubles. (5850 rubles x 12 months).

In 2014, he registered as an individual entrepreneur, resigned from the organization and entered into a civil law contract with it to perform the same work. The remuneration under the contract is equal to his previous salary.

The entrepreneur began to work on the "simplified" with the object "income".

Karpov's annual income is 540,000 rubles. (45,000 rubles x 12 months). This means that the tax amount will be 32,400 rubles. (540,000 rubles x 6%).

The fixed amount of contributions for mandatory pension and medical insurance for the year will be 23,127.53 rubles. It is calculated as follows:

1) the amount of pension contributions is 19,728.48 rubles. (5554 rubles / month x 26% x 12 months + + (540,000 rubles - 300,000 rubles) x 1%),

where 300,000 rubles. - the amount of income established for in subparagraph 1.1 of paragraph 1 of Article 14 of Law No. 212-FZ;

1 percent - the amount of the contribution from the amount exceeding 300,000 rubles. per year (subclause 2, clause 1.1, article 14 of Law No. 212-FZ);

2) the amount of contributions for compulsory medical insurance is 3399.05 rubles. (5554 rubles / month x 5.1% x 12 months).

Adding 19,728.48 and 3,399.05 rubles, we get the total amount of contributions - 23,127.53 rubles.

Subtracting the amount of contributions from the annual amount of accrued tax, we obtain the amount of tax payable to the budget:

32 400 rub. - 23,127.53 rubles. = 9272.47 rubles.

Thus, the total amount of transfers (tax plus contributions) for the entrepreneur will be 32,400 rubles. (9272.47 + 23127.53). If we compare it with the amount of personal income tax given at the beginning of the example (70,200 rubles), which would have been deducted from his salary if he worked under an employment contract, then it is obvious: the savings will be 37,800 rubles per year. (70 200 - 32 400).

But even if work under civil law contracts is performed by individuals who are not individual entrepreneurs, the organization can still save. In particular, on contributions for insurance against accidents at work (subclause “g”, clause 1, article 9 of Law No. 212-FZ).

In addition, individual contractors do not need to pay vacation pay, sick leave, pay bonuses, compensation, and do not need to keep personnel records, etc.

Citizens registered as entrepreneurs, and the payment of personal income tax on their income, in accordance with subparagraph 1 of paragraph 1 and paragraph 2 of Article 227 of the Tax Code of the Russian Federation, are made independently. Therefore, when paying the entrepreneur income Building company not recognized

For the company, payment for the contract is fully accounted for in tax expenses on the basis of subparagraph 6 of paragraph 1 of Article 254 or subparagraph 41 of paragraph 1 of Article 264 of the Tax Code of the Russian Federation.

That is, if we take the aspect, and former employee and the employer benefits.

Opposition

Still in the letter dated December 25, 2007 No. 21-11 / [email protected] The Federal Tax Service of Russia for the city listed the signs that, in its opinion, make it possible to distinguish labor contract from civil law. Among them:

Assignment to an employee of a position, specialty, profession, indicating qualifications in accordance with staffing organizing or assigning a specific labor function to him;

Payment for the labor process (and not its end result) in accordance with tariff rates, official salaries an employee, taking into account additional payments, allowances, incentive payments, compensations and benefits;

Providing the employee with appropriate working conditions;

Providing the employee with the types and conditions of social insurance;

Compliance by the employee with the rules of the internal labor regulations of the company.

As practice has shown, guided by these signs, tax authorities without special work it is possible to re-qualify in court a civil law contract into an employment contract (see the decisions of the Federal Antimonopoly Service of the Urals District of September 15, 2008 No. Ф09-6632 / 08-С2, the Federal Antimonopoly Service of the West Siberian District of March 6, 2007 in case No. Ф04- 959/2007(31994-A03-7)).

Now the state has become more actively involved in the fight against such facts: Law No. 421-FZ provides for a fairly wide range of measures to combat fictitious civil law contracts that replace real labor relations.

And Article 15 of the Labor Code of the Russian Federation explicitly states that the conclusion of civil law contracts that actually regulate labor relations between an employee and an employer is not allowed.

Earlier, in Article 11 of the Labor Code of the Russian Federation, it was said that the court has the right to reclassify civil law relations into labor relations. According to new edition of this article, such recognition is carried out in the manner established in the Labor Code of the Russian Federation itself or in other federal laws.

In the Labor Code of the Russian Federation, the newly introduced article 19.1 is now devoted to this. In accordance with it, the re-qualification of a contract from civil law to labor can be carried out:

Either by the employer himself (at the request of the contractor who applied to him or by order of the state labor inspector to eliminate the identified violation that has not been appealed in court);

Or by a court decision (if the performer immediately applied to the court).

In case of re-qualification of the contract, the existence of labor relations will be recognized from the day the citizen who is the contractor under the civil law contract is actually admitted to the execution of the stipulated specified contract responsibilities.

Article 67 of the Labor Code of the Russian Federation is supplemented with the provision that after recognizing relations under a civil law contract as labor relations, the employer must conclude an employment contract with the employee no later than three working days from the moment the disputed relations are recognized as labor relations, unless otherwise established by the court.

But on January 1, 2015, the amendments made to Article 5.27 of the Code of Administrative Offenses of the Russian Federation will come into force. Evasion from drawing up an employment contract, or improper execution of it, or the conclusion of a civil law contract that actually regulates labor relations between an employee and an employer, will be punished by a fine:

For officials- in the amount of 10,000 to 20,000 rubles;

For - from 50,000 to 100,000 rubles.

If a similar violation is detected again, the sanctions become tougher:

For officials - disqualification for a period of one to three years;

For legal entities- a fine from 100,000 to 200,000 rubles.

There is no ban

And yet, the tightening of legislation is not a reason to completely abandon the conclusion of civil law contracts. The differences between labor and civil law contracts do not prohibit the use of the latter in cases where the employee is not directly involved in the production process, but is actually involved in the performance of a specific task.

If necessary, civil law contracts can be concluded even with own employees. After all, neither Civil Code The Russian Federation, nor the Labor Code of the Russian Federation contain a ban on the conclusion of such contracts (decree of the Federal Antimonopoly Service of the Volga District of June 7, 2008 in case No. A55-14265 / 2007). But at the same time, it should be borne in mind that an important restrictive condition is that the nature and scope of work performed under labor contracts and work contracts should not coincide. Attention was drawn to this in a letter dated March 29, 2007 No. 03-04-06-02/46.

In addition, the employee is obliged to perform work under a civil law contract during non-working hours, otherwise it will be considered part-time work.

We add: expenses for the payment of remuneration under civil law contracts, including work contracts, to persons on the staff of the organization can be taken into account for the purposes of taxation of profits on the basis of subparagraph 49 of paragraph 1 of Article 264 of the Tax Code of the Russian Federation. With what both financiers, and judges agree. This is evidenced by the letters of the Ministry of Finance of Russia dated September 21, 2012 No. 03-03-06 / 1/495, dated January 29, 2007 No. 03-03-06 / 4/7, as well as the resolution of the Federal Antimonopoly Service of the Volga District dated July 29, 2008 d. in case No. A55-15619/2006 (determination of the Supreme Arbitration Court of the Russian Federation dated November 26, 2008 No. VAS-15297/08 to transfer this case to the Presidium of the Supreme Arbitration Court of the Russian Federation for review by way of supervision was denied).

Judicial practice shows that it is the employment of citizens without concluding an employment contract that is one of the most common violations. Let's see how mandatory it is to draw up such a document, what guarantees it allows you to get, what responsibility is provided for the absence of such an agreement, and what it is fraught with.

Features of concluding an employment contract

Article 56 of the Labor Code of the Russian Federation establishes that an employment contract is an agreement that is concluded between an employee and an employer. Under its terms, the employer undertakes to provide the employee with work in accordance with the established labor functions, to ensure working conditions to the maximum within the framework of legislation and other legal acts with labor law, collective agreement, local regulations and actually by ourselves labor agreement, pay wages in the prescribed size. In turn, the employee agrees that he will perform labor functions, certain agreement, comply with internal regulations, etc.

Is an employment contract required? Judge for yourself, such a document has the following features:

It is necessary for the employee to obey the rules of the labor schedule.

It imposes on the employee to perform certain labor functions, and also determines official duties, which is also important.

It controls the actions of the employee, allows the employer to apply measures of material and disciplinary responsibility.

It gives a certain solidity to the enterprise, because it looks reliable - fraudsters often avoid drawing up such contracts.

The advantages of an employment contract for the employer were listed above. As for employees, for them the employment contract is a guarantee of the observance of rights. So, it is advisable to still insist on signing such a document in order to avoid conflicts in labor area.

Conclusion of an employment contract

Article 67 of the Labor Code of the Russian Federation states that an employment contract is concluded in writing, drawn up in two copies, and each of them is certified by the signature of a representative of the employer or employer who is individual as well as the employee.

In addition, it is indicated that, in accordance with Article 65 of the Labor Code of the Russian Federation, the conclusion of an employment contract implies that the employee must present the following documents to the employer:

Passport (or other document that proves your identity);

· work book(except for cases when the employee is employed for the first time or will work part-time);

insurance certificate;

documents of military registration;

document on education, qualifications, special skills and knowledge (for work requiring special training);

A certificate of the presence or absence of a criminal record.

Of course, in each case, different documents may be required, and this issue is discussed in advance.

Usually, information about the employee, the work that he performs, reflects the fact of transfer to permanent job, dismissal, grounds for termination of the employment contract, information about bonuses, awards, incentives. But, disciplinary sanctions are not reflected in the work book. The exception is when disciplinary action is dismissal.

After the conclusion of the employment contract, an order is issued on hiring a person. Within three days, the employer must familiarize the employee with it. The employment contract itself comes into force from the moment of its signing.

Good evening!

The employer is obliged to conclude an employment contract in writing with each person hired.

All contracts are concluded in compliance with all mandatory details and conditions provided for in Article 57 of the Labor Code of the Russian Federation (discussed in section 1.1. of this book), and are certified by the signatures of the parties.

The conclusion of an employment contract provides for the following procedure for its execution:

1) the employment contract is concluded in writing;

2) is drawn up in two copies, each of which is signed by the parties;

3) one copy of the employment contract is transferred to the employee, the other is kept by the employer.

Moreover, the receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.

On the part of the employer, the employment contract is signed by the employer himself or by the person exercising the rights and obligations of the employer in labor relations. The right to sign employment contracts for persons exercising the rights and obligations of the employer in labor relations should be included in the scope of their competence by the relevant local regulations, employment contract, job description, and so on.

In all cases, the employer is responsible for the proper implementation of the procedure for concluding an employment contract. In case of violation of the established Labor Code of the Russian Federation and other federal laws mandatory rules when concluding an employment contract, if this violation excludes the possibility of continuing work, the employment contract is subject to termination under paragraph 11 of Article 77 of the Labor Code of the Russian Federation.

"Labor contract, not executed in writing, is considered concluded if the employee started work with the knowledge or on behalf of the employer or his representative. When the employee is actually admitted to work the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date of the actual admission of the employee to work. (Article 67 of the Labor Code of the Russian Federation).

After the conclusion of an employment contract, a citizen becomes an employee, and an organization represented by the administration becomes an employer, in addition, an individual can also act as an employer.

An employment contract is the basis for issuing an order (instruction) of the employer on employment. At the same time, the order (instruction) on hiring does not replace the employment contract, but is an internal administrative document issued by the employer unilaterally.

The order (instruction) of the employer on employment is announced to the employee against signature within three days from the date of the actual start of work. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction).

The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract. When placing an order, the name must be indicated structural unit, position, probationary period (in the event that a test is established for the employee when hiring), as well as the conditions for hiring and the nature of the upcoming work (in the order of transfer from another employer, part-time, to replace a temporarily absent employee, to perform certain work, etc. ).

Documentation of labor relations when hiring an employee is not limited to drawing up an employment contract and issuing an order (instruction).

Based on the order (instruction), an entry is made in the work book - the basis for hiring, corresponding to the information specified in the order.

Should an employment contract be concluded with an employee who was hired at a time when employment contracts were not yet introduced? If yes, then a fixed-term or indefinite employment contract is concluded with a retired employee

Answer:

The obligation to conclude an employment contract in writing was introduced by the Law of the Russian Federation of September 25, 1992 N 3543-I “On Amendments and Additions to the Code of Labor Laws of the RSFSR” (clause 15, article 1), which fixed such a requirement in art. 18 Labor Code of the RSFSR. Then the requirement for the mandatory conclusion of an employment contract in writing was established in the Labor Code of the Russian Federation. Labor relations of persons hired before the entry into force of the Law of the Russian Federation of September 25, 1992 N 3543-I (06.10.1992), with the consent of such persons, could be drawn up in writing. This was indicated by the Ministry of Labor of the Russian Federation in the Recommendations for concluding an employment agreement (contract) in writing, approved by the Decree of the Ministry of Labor of the Russian Federation of July 14, 1993 N 135 (by order of the Ministry of Health and Social Development of the Russian Federation of November 24, 2008 N 665, this resolution was declared invalid from 01.12 .2008). Thus, the employer did not have to draw up in writing employment contracts with employees hired before October 6, 1992.

Employees hired from 6 October 1992 were required to enter into written contracts of employment. However, before the entry into force of the Labor Code of the Russian Federation, if the employment contract was not executed in writing, but the employee was actually allowed to work, the employment contract was considered concluded in any case (part three of article 18 of the Labor Code of the RSFSR). This wording allowed employers not to conclude employment contracts in writing with employees actually admitted to work. After the entry into force of the Labor Code of the Russian Federation (since February 1, 2002), the employer is obliged to conclude employment contracts with employees in writing. The provisions of Art. 67 of the Labor Code of the Russian Federation establishes the obligation of the employer, when the employee is actually admitted to work, to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work.

At the same time, the Labor Code of the Russian Federation does not contain provisions obliging to conclude employment contracts in writing with employees hired before its entry into force. Furthermore, in accordance with Art. 424 of the Labor Code of the Russian Federation, the provisions of the norms of the Labor Code of the Russian Federation apply to legal relations that arose after its entry into force. The same rule establishes that if legal relations arose before the entry into force of the Labor Code of the Russian Federation, then it applies only to those rights and obligations that arise after its entry into force. In other words, the provisions of the Labor Code of the Russian Federation do not have retroactive effect.

Thus, with employees who were hired back in the period of the Labor Code of the Russian Federation, the execution of an employment contract in writing is not mandatory and is possible only with their written consent. With the same employees who were hired after February 1, 2002, the employer is obliged to conclude employment contracts in writing.

Labor legislation does not establish a special procedure for concluding employment contracts in a situation where an employee hired before February 1, 2002 expressed his consent in writing to conclude an employment contract in writing. Also, the Labor Code of the Russian Federation does not contain any special requirements regarding the procedure for concluding an employment contract in the event that the employer, within three working days from the date of the actual admission to work of an employee hired after February 1, 2002, did not conclude an employment contract with him in writing. In our opinion, in both situations, when concluding an employment contract, the employer must be guided by the general norms of chapters 10-11 of the Labor Code of the Russian Federation. Thus, the employment contract must contain all the conditions that are mandatory for inclusion in the employment contract, established by Art. 57 of the Labor Code of the Russian Federation. According to the first part of Art. 57 of the Labor Code of the Russian Federation, the employment contract indicates, in particular, the place and date of the conclusion of the employment contract. In addition, in accordance with the second part of Art. 57 of the Labor Code of the Russian Federation, as one of the mandatory conditions in the employment contract, it is necessary to indicate the date of commencement of work. In this case, the date of conclusion of the employment contract must correspond to the actual date of its conclusion, and the date of commencement of work - the actual date of commencement of work in accordance with the order for employment.

According to paragraph 2 of the second part of Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract may be concluded with retirees entering work by age, by agreement of the parties. It follows from this rule that, by agreement of the parties, a fixed-term employment contract can be concluded with an employee only if he is a pensioner at the time of employment. In the situation under consideration, the employee became a pensioner while working for this employer: after all, despite the fact that the employment contract with him (possibly) will be drawn up in writing only now, he was hired much earlier. Thus, the current labor legislation of the Russian Federation (unlike the version of paragraph 14 of Article 59 of the Labor Code of the Russian Federation that was previously in force (until October 01, 2006) does not give the employer the right to change the employment contract concluded with the employee for an indefinite period (although not executed in writing ), for a fixed-term employment contract in connection with the achievement of retirement age by this employee and the assignment of a pension to him.

Irina Davydova


Reading time: 9 minutes

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A rare person, when filling out documents and concluding contracts, carefully checks the text for possible errors and pitfalls.

As a rule, we check the “papers” on the run, glimpsing the beginning and ending, and hoping for the decency of the other side. For which we then pay with our nerves and "ruble".

Types of employment contract with an employee - how do they differ?

According to the law, the relationship "employee-employee" in without fail must be supported by certain documents. Namely, an employment contract, according to which (Article 56 of the Labor Code) the employee must perform his labor functions and comply with the rules of the organization, and the employer must pay his salary without delay and in full.

I.e, labor contract is an important document that clearly defines the rights and obligations of both parties.

What can an employment contract look like in practice and according to the law:

  • Civil law. This version of the contract takes place with the "safety net" of the head. It is concluded for the provision of specific services in order to easily dismiss an employee in a situation “you are not suitable for us”. In the event that the employee has time to prove himself, they are already moving to an employment contract.
  • Urgent. In this case, the contract fixes the work of the employee for a certain, very specific period, and not indefinitely. And after its graduation, the authorities on legal grounds can fire an employee. Or re-employ him by issuing a dismissal order and re-concluding an agreement. True, the employer must have good reasons for concluding such an agreement. Otherwise, these actions will be considered illegal.
  • Labor. The most common type of contract, which involves indefinite work on certain conditions specified in the document. This agreement, drawn up in writing, is a guarantee of observance of the rights of the employee.

Labor or civil law - differences in contracts:

  • TD is work in a specific position according to existing qualifications. GPA is the performance of certain tasks with an end result.
  • According to TD - salary in the amount specified in the document, according to GPA - remuneration.
  • With TD, the work is carried out personally by the employee, with GPA, only the end result is usually important.
  • Failure to fulfill duties under TD threatens with a penalty, reprimand or dismissal. Failure to comply with the GPA is already a sphere of civil liability.

Important points of concluding an employment contract - how to prevent mistakes and deception of the employer?

Found a new job? Is the signing of an employment contract approaching?

We study the pitfalls to protect ourselves from mistakes and unscrupulous employers!

So, an employment contract with you must sign maximum within 3 days from the moment you start working. Moreover, in 3 copies and in handwritten form.

And - regardless, whether you are invited by transfer from another place of work, whether you have small children, and whether there is a registration at the place of residence.

If the contract is not concluded with you, think about whether it is worth continuing to work. After all, TD is a guarantee of your rights.

But do not rush to sign the contract without looking either!

First, read it carefully and pay attention to the most important points:

  • Compliance with the order and the contract. When the employer makes important points in the contract, they must also be written in the order for hiring you. And the primary (note - in disputable situations) will always be an employment contract. Therefore, make sure that these 2 documents correspond to each other. Let the information in the order be in an abbreviated version, but it must fully reflect the conditions specified in the contract. Any inconsistencies (note - provisions in the order that are not specified in the contract) have no legal force.
  • Probation. It must be spelled out in the contract. The maximum period is 3 months. In the absence of this clause, the employee is considered hired without probationary period and, accordingly, they have no right to dismiss him later, as he has not passed this period.
  • specific place of work. If it is not clearly defined by the employer in the contract, then it will be extremely difficult to dismiss an employee for "truancy" - after all workplace not specified. That is, upon dismissal for absenteeism in the absence of this clause in the employer's contract, through the court they will be obliged to reinstate you at work.
  • Duties. They should also be clearly and specifically written. Otherwise, the employer simply does not have the right to require the employee to perform certain tasks "in accordance with the contract." An employee can safely declare that the work that is required of him is not included in the scope of duties. And it is also impossible to dismiss an employee for not fulfilling tasks that are not in the contract.
  • Wage limit. It should also be fixed in the contract. And in case of underestimation of this maximum limit, the employee can safely go to court. It is worth noting that the authorities should notify you of all changes in your wages only in writing and a couple of months before the fact of the change. It is impossible not to say about the payment "in kind". It happens that instead of a salary, employees are given products manufactured by the company. This "method", alas, has not yet become obsolete. It is considered legal if the "kind" does not exceed 20% of the salary, and is also suitable for the consumption (use) of the employee and his family.
  • Rules. Before concluding a contract, your management must familiarize you (exclusively against signature) with the internal labor regulations of the company and other acts / regulations that are directly related to you.
  • The content of the contract. Read the document carefully! It should contain not only your place of work and position, but also a list of duties, payment terms (including all bonuses with allowances) and the issue of social / insurance, date of commencement of work. It may also be written additional terms: rest / work regime (if it does not coincide with the regime of other employees), the issue of compensation for "harmful work", special conditions (business trips, etc.).
  • Duties. Make sure they are written clearly and in as much detail as possible. That is, the position itself, the specific type of work and the department itself in which the work is supposed to be. If the contract indicates that you will fulfill your obligations, “according to job description”, then demand instructions - it must be attached to the contract with your signature (note - a copy is kept in your hands).
  • Social insurance. An important point of the contract! And the information from this paragraph must be entered in accordance with federal laws. This clause is a guarantee of compensation for harm in the event of a force majeure situation, as well as temporary disability, motherhood, etc.
  • Recycling. The contract must specify the exact number of working hours. And when processing - to pay you extra hours worked in 1.5 or double size.

And finally, it is worth remembering that the contract is signed only by the director and only in your presence, and the name of the company appearing in the papers must be the same everywhere.


The terms of the employment contract - what you need to pay attention to?

During employment, the contract is concluded for a specific or indefinite period, depending on the work.

  • Classic contract (for an indefinite period). In this case, the period for which you are hired is not specified and is not indicated at all. That is, you are hired on a permanent basis, and termination of employment is possible only in the manner prescribed by law.
  • Urgent contract. An option when you are hired for a period agreed by 2 parties to perform a specific job. The maximum term is 5 years. In addition to the validity period, this contract indicates the reasons for not concluding a regular contract (they are approved by law, and the employer has no right to expand the list of reasons). This contract is terminated at the end of its validity period by a written warning to the employee at least 3 days in advance. In the event that the term of the contract is over, and the employee is still working, the contract automatically goes into the category of "unlimited".

It is worth noting that fixed-term contracts are divided, in turn, into ...

  • An agreement with an absolutely definite period of validity. This type of contract is applicable when a person is elected to a certain elective position. In particular, with governors, rectors, etc.
  • A contract with a relatively definite period of validity. The case for persons admitted to a temporary organization created for a specific job and for a specific period. Termination of the contract occurs after the end of the existence of the organization.
  • Conditional contract. An option in the case when an employee is needed only for a while - as a replacement for an employee who is temporarily absent for specific reasons (business trip, maternity leave etc.).

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