Employer's mistakes when drawing up labor contracts. What cannot be included in an employment contract. Mandatory conditions of an employment contract When concluding an employment contract, the mandatory conditions are


  1. Russian law is intended not to intimidate, but to assert and protect freedom (natural and inalienable rights) of a person in all spheres of his life, to help strengthen the rule of law and law and order in society. Therefore, it is necessary to know the laws and learn to respect them.
  2. Respect for laws means that their requirements are recognized and implemented by a citizen as absolutely necessary, useful for him, other people, and society as a whole. And for this it is necessary to overcome the legal nihilism that is still characteristic of many Russians, to cultivate a modern legal culture - a culture of recognition and protection of law and human rights. This is the only way to achieve self-realization and success in any area of ​​your life.

Document

From Labor Code Russian Federation.

    Article 57.

    • the surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract.

    Essential conditions employment contract are:

    • place of work (indicating structural unit);
    • start date of work;
    • the name of the position, specialty, profession with an indication of qualifications in accordance with staffing table organization or specific job function. If, in accordance with federal laws, the provision of benefits or restrictions is associated with the performance of work in certain positions, specialties or professions, then the name of these positions, specialties or professions and qualification requirements they must comply with the names and requirements specified in the qualification reference books approved in the manner established by the Government of the Russian Federation;
    • the rights and obligations of the employee;
    • the rights and obligations of the employer;
    • characteristics of working conditions, compensation and benefits to employees for work in difficult, harmful and (or) dangerous conditions;
    • the mode of work and rest (if it in relation to this employee differs from general rules established in the organization);
    • terms of remuneration (including the size tariff rate or the employee's official salary, additional payments, allowances and incentive payments);
    • types and conditions of social insurance directly related to labor activity.

Questions and tasks to the document

  1. Comment on the terms of the employment contract.
  2. Based on the text of the paragraph, reveal the rights and obligations of the employee, as well as the rights and obligations of the employer.
  3. What are the general rules for work and rest? Use the paragraph material in your answer.
  4. What is the significance of the fact that the law sets out the terms of the employment contract in detail?

Self-test questions

  1. What are the general features and what are the specific features of the branches of Russian law?
  2. What is the difference between an employment contract and civil law contracts? Please explain your answer with specific examples.
  3. What are the similarities and main differences between an offense and a crime?
  4. How do you understand the provision that Russian law is designed to become a measure of freedom and justice?

Tasks

  1. Citizen K. decided to enter into legal marriage with his cousin. Do you think this marriage will be registered? Explain your answer
  2. After 15 years of marriage, the couple signed a marriage contract to change the legal regime of joint ownership. Are the spouses' actions legal? Explain the answer.
  3. Find examples in periodicals that illustrate offenses in Russia. Define the types of these offenses.
  4. Prepare for a class discussion on "Are there socially safe offenses?"

The thoughts of the wise

"The people must defend the law as their stronghold, as their protective wall."

Heraclitus (late VI - early V century BC), ancient Greek philosopher

Actions of the manager and employee when hiring:

  1. The leader necessarily acquaints the citizen with the local acts of the organization - and (some of their provisions constitute essential working conditions), this is required by law (see).
  2. Next, a contract is signed, one copy of which the employer must hand over to the employee.
  3. After signing the document, it is published within three days.
  4. Within five days, a record of the hiring is made in the employee's book.

According to Art. 68 of the Labor Code of the Russian Federation, the hiring of a new employee is formalized by an order issued on the basis of a contract.

List of mandatory and additional factors

A rigid form is not legally established labor agreement, but Art. 57 of the Labor Code of the Russian Federation establishes essential and additional conditions of the employment contract. Let's dwell on them in more detail:

Mandatory conditions Additional terms

In accordance with Art. 57 of the Labor Code of the Russian Federation, the mandatory conditions of the employment contract in 2019 are as follows:

  • the actual place of work of the new employee;
  • a mandatory requirement is information about the type and nature of the work to be performed by the citizen;
  • start date of work;
  • the procedure for remuneration in the agreement, information on salary and bonuses;
  • information about and days off;
  • compensation provided for work with;
  • information about the nature of the work (connected with traveling or not);
  • essential working conditions;
  • information about the social insurance of the citizen.

The contract may contain:

  • information about;
  • an agreement on non-disclosure of commercial secrets (before agreeing to this clause, the employee gets acquainted with the list of information that is confidential in the organization);
  • additional social guarantees provided by the organization to the employee;
  • information on the provision of housing to the employee in case of rotational business trips;
  • information on delivery to the place of work by the company's transport, etc.
For selected categories other essential conditions are established by the Labor Code of the Russian Federation. For example, if a contract is concluded with an athlete or coach, the conditions stipulated by Art. 348.2 of the Labor Code of the Russian Federation... Thus, what conditions of the employment contract are essential is established not only by Art. 57 of the Labor Code of the Russian Federation, but also by special rules of the code. additional information are intended to complement the binding terms of the contract. They are made at the discretion of the parties. A mandatory requirement is imposed on them: they must not contradict the Labor Code of the Russian Federation.

If necessary, the contract is supplemented with any information. In this case, a written annex (additional agreement) is drawn up to it, which is signed by both parties.

If the employee decides to end the working relationship, he submits a letter of resignation to the manager two weeks before leaving the organization (unless other terms are stipulated). After signing the application, an order is drawn up. On the last day of work, a book is issued and payments are made ( wage, compensation for unused vacation).

In the second case, termination of the contract most often occurs due to the liquidation of the organization, staff reduction, if the employee has not passed the probationary period, and for other reasons.

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 an organization located in another locality - the place of work with an indication of the separate structural unit and its location;

labor function (work according to the position in accordance with the staffing table, profession, specialty with an indication of qualifications; the specific type of work entrusted to the employee). If, in accordance with this Code, other federal laws, the provision of compensations and benefits or the existence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books. approved ok. established by the Government of the Russian Federation, or the relevant provisions of professional standards;

(as amended by Federal Laws of 28.02.2008 N 13-FZ. of 03.12.2012 N 236-FZ)

(as amended by Federal law dated 28.12.2013 N 421-FZ)

(see text in previous edition)

on clarification, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer, established labor legislation and other regulatory legal acts containing norms labor law;

(the paragraph was introduced by the Federal Law of December 28, 2013 N 421-FZ)

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The employment contract specifies:

the surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;

information about the identity documents of the employee and employer - an individual;

taxpayer identification number (for employers, excluding employers - individuals who are not individual entrepreneurs);

information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate powers;

place and date of the 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 an organization located in another locality - the place of work with an indication of the separate structural unit and its location;

labor function (work according to the position in accordance with the staffing table, profession, specialty with an indication of qualifications; the specific type of work entrusted to the employee). If, in accordance with this Code, other federal laws, the provision of compensations and benefits or the existence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in accordance with the procedure 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 when a fixed-term employment contract is concluded - also the period of its validity and the circumstances (reasons) that served as the basis for the conclusion of a fixed-term employment contract in accordance with this Code or other federal law;

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

working hours and rest hours (if for this employee it differs from the general rules in force for this employer);

guarantees and compensation for work with harmful and (or) hazardous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;

conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

working conditions at the workplace;

a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;

Read also: How to dismiss a director upon liquidation of an LLC

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 among those provided for in parts one and two of this article, then this is not a basis for recognizing an employment contract as not concluded or terminating it. 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 the appendix to the employment contract or by a separate written agreement of the parties, which are an integral part of the employment contract.

An employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:

on clarification of the place of work (indicating the structural unit and its location) and (or) on the workplace;

on non-disclosure of secrets protected by law (state, official, commercial and other);

on the employee's obligation to work after training for at least 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 insurance for the employee;

on improving the social and living conditions of the employee and his family members;

to clarify, in relation to the working conditions of this employee, 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 the employee.

By agreement of the parties, the labor contract may also include the rights and obligations of the employee and the 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 the employer arising from the terms of the collective agreement, agreements ... Failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Labor Code (Article 57 of the Labor Code of the Russian Federation 2017)

Employment contract part 3

Relevance: 2014

3. Conditions that must be included in an employment contract.

The first part includes information characterizing the employee and the employer, the second - the mandatory terms of the employment contract and the third - the terms of the employment contract, which the parties could establish at their own discretion. In HR administration, it is important to observe these features of drawing up an employment contract.

The terms of the employment contract are included in its content by agreement of the parties.

They are divided into direct ones, negotiated directly by the parties in the written text of the employment contract, and derivatives provided for by law, by agreement by virtue of the conclusion of an employment contract (on the procedure for transfers, dismissal, labor protection rules, etc.).

Immediate conditions can be of two types:

There can be no employment contract without mandatory conditions.

The following conditions are mandatory for inclusion in an employment contract:

  1. 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 an organization in another locality - the place of work indicating the separate structural unit and its location.

An indication of any structural unit, as required by the Labor Code of the Russian Federation by Federal Law No. 90-FZ of July 30, 2006, is now recognized as an additional, clarifying condition;

  1. labor function of an employee, which is understood as:
    a) work in the relevant position in accordance with the staffing table;
    b) work in a certain profession or specialty with an indication of qualifications;
    c) a specific type of work.
    Labor function (work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications, the specific type of work entrusted to him). If, in accordance with the Federal Law, benefits or restrictions are provided for certain positions, then their names should be indicated in accordance with qualification handbooks.
    In the employment contract, the law obliges to indicate the name of the position in accordance with the staffing table of the organization.
  2. start date of work, i.e. the day, month and year from which the employee is obliged to start performing work duties. The start date of work may coincide with the day of the conclusion of the employment contract, or the parties may agree that the employee will start work later. In any case, the exact date of the start of work is indicated in the employment contract;
  3. remuneration of labor, including the size of the wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments.
    They are determined in accordance with the profession, position, qualification rank and qualification category employee (see Articles 132, 135 of the Labor Code). The size of the wage rate or official salary must be indicated directly in the employment contract.
    Supplements, allowances and incentive payments due to the employee can be directly indicated in the employment contract or a reference can be made to the relevant regulatory legal act or collective agreement providing the grounds and conditions for their payment. In the latter case, the employee must be familiarized with the content of these regulatory legal acts and the collective agreement against signature;
  4. working hours and rest hours. This condition is mandatory if the regime under this employment contract of the employee does not coincide with the general regime of work and rest in force for the employer;
  5. compensation for hard work and work with harmful and (or) dangerous working conditions, as well as characteristics of working conditions at the workplace, if a person is hired for this kind of work;
  6. conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, etc.).
    In accordance with Art. 168.1 of the Labor Code, the amount and procedure for reimbursement of expenses related to official travel of employees, Full time job which is carried out on the way or has a traveling character, are established not only by the collective agreement, agreements, local regulations, but also (in appropriate cases) by the employment contract;
  7. a condition on compulsory social insurance of the employee in accordance with the Labor Code and other federal laws.
  8. other conditions, in cases stipulated by law.
    The list of conditions of the employment contract, provided for in Part 2 of Art. 57 is not exhaustive. Legislation and other regulatory legal acts containing labor law norms may provide other conditions as mandatory conditions of an employment contract.

To the employer, in the process HR administration It is important to know that the absence of any of the mandatory conditions in an employment contract is not a basis for terminating an employment contract or declaring it not concluded.

According to Part 3 of Art. 57, if at the time of the conclusion of the employment contract certain mandatory conditions were not included in it, it must be supplemented with the missing conditions. In this case, the missing conditions are determined by the annex to the employment contract or by a separate agreement of the parties concluded in writing. Both the annex to the contract and the separate agreement of the parties are an integral part of the employment contract and have equal legal force.

The following conditions are mandatory for inclusion in an employment contract:
1) About the place of work or the location of the structural unit. The place of work is understood as a specific organization - a legal entity that has its own name. If an employee is recruited to a branch, or a representative office of a legal entity, or another separate structural unit of an organization located in another locality, the place of work is recorded in the employment contract with an indication of the separate structural unit and its location.

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2) On the labor function that the employee will perform in the relevant position, qualifications in accordance with the staffing table, or on the specific type of work entrusted to the employee.

3) On the conditions that determine the nature of the work (related to traveling, work on the way, etc.). O compensation payments for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of the working conditions at the workplace.
Work is considered to be traveling in nature if it involves the performance of labor functions by employees at facilities located at a considerable distance from the employer's place of residence, or frequent travel of employees on behalf of the employer. Work is characterized as work in transit, if the employee's labor function is performed in the process of movement vehicle(for example, chiefs (foremen) of passenger trains, train conductors, etc.). In such an employment contract, it is also necessary to indicate whether the employment function is constantly or periodically assumed to be performed under the specified conditions. In this case, the employer reimburses travel expenses related to business travel; renting a dwelling; associated with living outside the place of permanent residence (for example, daily allowance); other expenses incurred by employees with the permission or knowledge of the employer.
The amount and procedure for reimbursement of expenses related to official travel of these employees, as well as the list of jobs, professions, positions of these employees are established by the collective agreement, agreements, local regulations. The conditions for reimbursement of expenses can also be included in the employment contract. This is advisable if the organization has not adopted a collective agreement or the corresponding local normative act. Work in these conditions adversely affects the health of the employee (physical and mental), his social life (personal, family, social). To compensate the employee for the negative impact on health and disruption to social life, the pay systems at enterprises may provide for the payment of appropriate allowances.
The employment contract must necessarily describe the working conditions at the workplace, the list of existing harmful (hazardous) factors determined by the results of the certification, and the list of benefits provided in this regard, for example, the appointment of milk.

4) On remuneration (including the size of the wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). Despite the fact that this condition is mandatory, real employment contracts often indicate: "with a salary according to the staffing table", "in accordance with labor laws", etc. Sometimes there are no indications at all about the size of wages. Often, employment contracts only define salary or the size of the tariff rate. Quite often, reference is made to local regulations employers. All of this is in violation of labor laws.
The condition on the amount of wages and its elements should not be formulated in an employment contract by referring to regulatory legal acts, to a collective agreement or a local regulatory act.
Labor remuneration is also understood as the relationship associated with the implementation of payments by the employer to employees for their work, i.e. the employment contract must also specify the terms and conditions for the payment of wages.

5) On the mode of working hours and rest time (if for this employee it differs from the general rules in force for this employer).
In accordance with article 91 of the Labor Code of the Russian Federation work time- this is the time during which the employee, in accordance with the rules of the internal work schedule the enterprise and the terms of the employment contract must fulfill labor duties. Normal working hours cannot exceed 40 hours per week, but for certain categories of workers (minors, disabled people, medical workers) a preferential regime is established.
A special mode of working time in practice can be expressed, for example, in a part-time working day (shift), different from other workers in the start and end of work, alternation of working and non-working days, irregular working days. The employment contract must clearly specify the specific working hours of the employee.
The general working hours of the employer can be changed when concluding a collective agreement by agreement of the parties to the social partnership. When establishing working hours, the guarantees provided for employees must be respected (for example, reduced hours of work at night and on the eve of non-working holidays). Article 107 of the Labor Code of the Russian Federation establishes the types of rest time, including - breaks during the working day (shift); weekend; non-working holidays; vacation.

6) On the conditions of compulsory social insurance of an employee in accordance with labor legislation. In some cases, the prerequisite for social insurance will be determined depending on the nature of the work performed. For example, an employee must be insured against accidents. The types and conditions of social insurance are established by federal legislation on compulsory social insurance. If the employer provides additional insurance for the employee (for example, pension or medical insurance), then this should be spelled out in the employment contract.

7) About the date of commencement of work. and in the case when 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. As a general rule, the beginning of work under an employment contract is determined by a calendar date or a specific day, that is, indicated by a specific date, month and year. Often, employment contracts indicate a period of time after which, after the entry into force of the employment contract, the employee is obliged to start work.
The date of commencement of work is the date of the actual start of work by the person with whom the employment contract is concluded, and not the date of the conclusion (or execution) of the employment contract itself. When concluding an agreement upon the employee's departure to work, the text of the agreement must contain exactly the date from which the employee actually began work, and not the date when the agreement was drawn up in writing. If the day of starting work is not specified in the employment contract, the employee must start work on the next business day after the entry into force of the contract. The contract comes into force from the day it is signed by the employee and the employer, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative.

8) The list of mandatory conditions of the employment contract is not exhaustive. So, according to part 4 of Article 282 of the Labor Code of the Russian Federation, a prerequisite for an employment contract concluded with a part-time job is an indication that the work is part-time. When concluding an employment contract on the implementation seasonal work it, by virtue of Article 294 of the Labor Code of the Russian Federation, must include a condition on the seasonal nature of work.

It should be borne in mind that if, when concluding an employment contract, it did not include any information or conditions stipulated by labor legislation, this cannot be the basis for recognizing the employment contract as not concluded or terminating it. In this case, the employment contract must be supplemented with missing information or conditions. The missing information is included in the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate written agreement of the parties.
The parties to the employment contract may establish additional conditions. Such conditions may include, for example, conditions for establishing probationary period when applying for a job, oh additional leave in excess of those stipulated by legislation and the collective agreement, etc. If the parties include additional conditions in the content of a specific agreement, then they automatically become binding for their fulfillment.
An employment contract may contain conditions for non-disclosure by an employee of information constituting an official or commercial secret. known to the employee in connection with the performance of his job duties... A specific employment contract must clearly indicate which information containing official or commercial secrets is entrusted to this employee.

ST 57 of the Labor Code of the Russian Federation.

The employment contract specifies:

  • the surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;
  • information about the identity documents of the employee and employer - an individual;
  • taxpayer identification number (for employers, with the exception of employers who are individuals who are not individual entrepreneurs);
  • information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate powers;
  • place and date of the 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 an organization located in another locality, - a place of work with an indication of the separate structural unit and its location;
  • labor function (work according to the position in accordance with the staffing table, profession, specialty with an indication of qualifications; the specific type of work entrusted to the employee). If, in accordance with this Code, other federal laws, the provision of compensations and benefits or the existence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in accordance with the procedure 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 when 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 wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);
  • working hours and rest hours (if for this employee it differs from the general rules in force for this employer);
  • guarantees and compensation for work with harmful and (or) hazardous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;
  • conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
  • working conditions at the workplace;
  • a condition on compulsory social insurance of an 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 among those provided for in parts one and two of this article, then this is not a basis for recognizing an employment contract as not concluded or terminating it. 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 the appendix to the employment contract or by a separate written agreement of the parties, which are an integral part of the employment contract.

An employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:

  • on clarification of the place of work (indicating the structural unit and its location) and (or) on 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 at least 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 insurance for the employee;
  • on improving the social and living conditions of the employee and his family members;
  • to clarify, in relation to the working conditions of this employee, 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 the employee.

By agreement of the parties, the labor contract may also include the rights and obligations of the employee and the 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 the employer arising from the terms of the collective agreement, agreements ... Failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Commentary on Art. 57 of the Labor Code of the Russian Federation

1. The ambiguity of the very concept of "contract" makes it possible to distinguish an employment contract as a legal fact, an agreement of the parties, an employment relationship and, finally, as a written document. The commented article 57 of the Labor Code of the Russian Federation, interpreting the content of the employment contract exclusively in its last meaning - as a written document, formulates a certain system of requirements for the content of this document, and in other words, for the form of the employment contract.

It is necessary to distinguish between the concepts of "details" and "conditions" of the contract. The details of the contract as a written document are the ordered information contained in it, namely, data on the place of its conclusion; parties to the contract; the rights and obligations of the parties that are of a non-contractual nature, etc. The terms of the employment contract are developed by the parties and, therefore, represent an agreement between the employee and the employer on certain aspects of the interaction of the parties within the framework of employment relationship... The terms of the employment contract constitute its content as an agreement of the parties and, as a general rule, are included in the contract (as a written document).

The commented article 57 of the Labor Code of the Russian Federation in part 1 establishes the obligatory indication in the employment contract of such requisites as its subject composition (surname, name, patronymic of the employee), as well as the name of the employer (surname, name and patronymic of the employer - an individual).

When formulating information about an employer - a legal entity, you should also indicate information about its representative (body) and legal basis allowing him to act on behalf of the employer, including concluding employment contracts.

Legislation (part 2 of article 273 of the Labor Code; clause 3 of article 103 of the Civil Code; article 69 of the Federal Law of December 26, 1995 N 208-FZ "On joint stock companies") establishes cases when the management of the organization is carried out under a contract with another organization (management organization) or individual entrepreneur(to the manager). The functions of an individual executive body can be transferred to a manager in companies with limited liability(Articles 40, 42 of the Federal Law of February 8, 1998 N 14-FZ "On Limited Liability Companies"). In such cases, when concluding an employment contract, the details of the contract are indicated on the basis of which the managing organization or an individual manager.

In large organizations, the right to conclude employment contracts may be granted not to the director, but to one of the leaders of the organization (for example, the HR director). In this case, the employment contract indicates the basis on which the relevant manager acts (for example, an order general director on the redistribution of powers to manage the organization or other local regulatory legal act).

c) agreement on the validity of the contract in time. This condition of the employment contract includes: the moment of commencement of the employment contract; start date of work; contract time; the moment the contract expires.

The moment of commencement of the employment contract is determined according to the rules established.

When formulating a condition on the validity of an employment contract in time, it should be borne in mind that legislation as the main type recognizes an agreement concluded for an indefinite period (). When concluding an employment contract for an indefinite period, it indicates the start date of its validity. A fixed-term employment contract indicates the validity period and the circumstance (reason) that served as the basis for its conclusion in accordance with the Labor Code of the Russian Federation and other federal laws (see article 59 of the Labor Code of the Russian Federation and the commentary to it).

Since an employment contract is of a continuing nature, concluding it, the parties must agree on a condition for the validity of the contract in time. In the event that the contract is concluded for an indefinite period, the specified condition can be agreed through either a default or a corresponding clause in the text of the contract as a written document. When concluding a fixed-term employment contract, the parties must agree on the term of its validity as a mandatory condition of the contract;

d) agreement on wages. Within the framework of this condition of the employment contract, the following are fixed: the amount of wages (tariff rate or official salary of the employee, additional payments, allowances and incentive payments); the procedure for its payment (the right to an advance payment, the amount of the latter, the place and procedure for payment of wages, etc.);

e) agreement on the mode of work and rest. Working hours and rest hours refer to those conditions of an employment contract regarding which the parties cannot fail to reach an agreement by concluding an employment contract. Just like the term of the contract, the condition in question can be established by default (in this case, it should be considered that the parties have reached agreement on the employee's work under the conditions of the work and rest regime established general rules applicable for the given employer). If the mode of working hours and rest time differs from that generally accepted by the employer, an agreement on this subject with an indication of the working mode established for the employee is recorded in the text of the employment contract as an essential condition that makes up its content;

f) an agreement on the nature of work (mobile, traveling, on the road, etc.) is one of the mandatory conditions of the employment contract. This condition can be stated in two ways.

This agreement can be an element of an agreement on the labor function: by defining a position or profession or specialty, the parties thereby establish a condition on the nature of the work. In this case, the nature of the work can be concretized by the relevant instructions for the position or the tariff and qualification characteristics of the profession (specialty), which the employee must be familiar with when concluding an employment contract before it is signed by the parties (see Article 68 of the Labor Code of the Russian Federation and a commentary to it).

Or, if it is necessary to individualize the nature of the work in relation to a specific employment relationship, the nature of the work becomes the subject of negotiations between the parties and is recorded in the text of the employment contract as a condition that constitutes an element of the content of the contract;

g) working conditions at the workplace. Working conditions - a set of factors of the working environment and the labor process that affect the performance and health of the employee. Among these factors, the legislator identifies harmful and hazardous production factors and, in addition, defines the concept safe environment labor (see article 209 of the Labor Code of the Russian Federation and a commentary to it). Along with those specified in the employment contract, other working conditions may be agreed (work on a specific unit, the use of certain methods and techniques in the process of the employee's labor activity, etc.) that are essential for both parties to the contract or one party and therefore are stipulated in the employment the contract.

4. The legislator considered it necessary in part 3 of Art. 57 of the Labor Code of the Russian Federation to emphasize that if, when concluding an employment contract, it did not include any information and (or) conditions from among those specified in parts 1 and 2 of Art. 57 of the Labor Code of the Russian Federation, this is not a basis for recognizing an employment contract as not concluded or terminating it. In this case, the agreement is subject to filling in the missing information (conditions). The missing conditions are determined by the annex to the employment contract or by a separate written agreement of the parties, which are an integral part of the employment contract.

Such a clarification of the legislator seems quite reasonable if the employment contract is interpreted solely as a written document. However, an employment contract, unlike, say, notarial deeds, is not a strictly formalized document and cannot act as such, therefore, the absence of certain details in its text does not discredit the document itself as a whole; missing details can be filled in the form and in the manner prescribed by law.

At the same time, if the employment contract is interpreted as an agreement that gives rise to the rights and obligations of the parties in the labor relationship arising on its basis, then the solution proposed by the legislator is essentially a departure from the problem. Indeed, it is possible to complete the contract as a written text with an additional agreement regarding a particular condition - but only if the parties agree on the relevant condition. What should be the solution if there is no agreement in principle?

There are currently two possible options solutions to this problem. If disagreements regarding a specific condition were discovered and were not resolved before the employee began work, the contract should be considered non-concluded, i.e. non-existent. If such a situation emerged after the employee started work, the employment contract must be recognized as concluded and entered into force; accordingly, if it is discovered that it is impossible to resolve the disagreement, it must be terminated. The basis for (see Art. 78 of the Labor Code of the Russian Federation and the commentary to it) or, if the employment contract is terminated at the request of the employee, is the employee's initiative (see th to it).

A similar approach should be applied with respect to those conditions of the employment contract that the Labor Code of the Russian Federation defines as additional.

5. Additional (optional) terms of the employment contract are established at the initiative of the parties (employee or employer). Their absence in the text of the contract does not call into question the employment contract itself - it will operate without additional conditions. However, if the interested party insists on the inclusion of a particular condition in the contract, it must be established, otherwise the employment contract cannot be considered concluded.

Additional (optional) conditions of an employment contract are conditions for testing, on nondisclosure of secrets protected by law (state, official, commercial and other), on the employee's obligation to work after training for at least the period specified in the contract, if training was carried out at the expense of the employer, as well as other conditions.

For the test at hiring see Art. , to them.

6. Non-disclosure of secrets protected by law (state, official, commercial and other) of the Labor Code of the Russian Federation refers to the number of optional conditions of the employment contract.

State secrets - information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational-search activities, the dissemination of which may damage the country's security. The list of information constituting a state secret is a set of categories of information, in accordance with which information is classified as a state secret and classified on the grounds and in the manner established by federal legislation (Article 2 of the Law of the Russian Federation of July 21, 1993 N 5485-1 " On state secrets "). The list of information constituting a state secret is contained in Art. 5 of the aforementioned Law, as well as in the Decree of the President of the Russian Federation of November 30, 1995 N 1203 "On approval of the List of information classified as state secrets."

The conclusion of an employment contract for work in this area is possible subject to the admission of the person concerned to state secrets. The procedure for admitting officials and citizens to state secrets is determined by Art. 21 of the RF Law "On State Secrets" and by-laws (see and commentary to it). The mutual obligations of the employer and the person being registered for work are reflected in the employment contract, the conclusion of which is not allowed until the end of the relevant inspection by the competent authorities.

A commercial or official secret is the confidentiality of information, which allows its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses, maintain a position in the market for goods, works, services or receive other commercial benefits (clause 1 of article 3 of the Federal Law of July 29 2004 N 98-FZ "On commercial secrets").

Thus, a commercial or official secret has three characteristics: 1) the information that constitutes it is not known to third parties; 2) this information is closed from free access to it; 3) the owner of the information ensures its protection from access by third parties.

The question of the commercial value of information, as well as the degree of its popularity for third parties, is decided by the owner of the information. As for the other two signs of commercial (official) secrets, they must be legally formalized. First of all, a range of information is determined that does not constitute a commercial (official) secret. Information that cannot constitute an official or commercial secret is determined by law and other legal acts.

So, the Federal Law of April 22, 1996 N 39-FZ "On the Securities Market" in Ch. 7 defines the procedure and generally obligatory forms of disclosure of information on securities.

The list of information in respect of which a commercial secret regime cannot be established is established by Art. 5 of the Federal Law "On Commercial Secrets".

The annual financial statements of the organization, with the exception of indicators classified as state secrets under the legislation of the Russian Federation, are open to interested users: banks, investors, creditors, buyers, suppliers, etc., who can get acquainted with the annual financial statements and receive copies of them with reimbursement of costs to copy. Moreover, the organization should provide an opportunity for interested users to familiarize themselves with the financial statements, and in the cases provided for by the legislation of the Russian Federation, the organization publishes the financial statements and the final part of the audit report (clauses 89, 90 of the Regulations on maintaining accounting and accounting statements in the Russian Federation, approved. Order of the Ministry of Finance of the Russian Federation of July 29, 1998 N 34n).

Along with the formulation of a range of information that does not constitute a commercial (official) secret, the legislation defines the signs of information that is confidential and not subject to disclosure. Information of this kind is determined by the Decree of the President of the Russian Federation of March 6, 1997 N 188 "On approval of the List of confidential information".

Characterizing certain information from the point of view of its confidentiality, three groups of information can be distinguished: 1) which, in accordance with the law, cannot be confidential (closed for access to third parties); 2) which is confidential by virtue of a direct indication of a regulatory legal act of the state or an order of its competent official; 3) which is recognized as not subject to publicity by its owner - a private individual or legal entity.

The obligation to ensure the confidentiality of information belonging to the second group is imposed on the person concerned by a direct prescription of a regulatory legal act or an official of the state. So, the information that became known to the employee of the civil registration authority in connection with the state registration of the civil status act, including personal data, is information, access to which is limited in accordance with federal laws, and is not subject to disclosure (Article 12 of the Federal Law from November 15, 1997 N 143-FZ "On acts of civil status").

Information about the fact of a citizen's appeal for provision medical care, his state of health and diagnosis, other information obtained during his medical examination and treatment constitutes a medical secret (Article 13 of the Federal Law of November 21, 2011 N 323-FZ "On the basics of protecting the health of citizens in the Russian Federation"). It is not allowed to disclose information constituting a medical secret, including after the death of a person, by persons whom they became known during training, performance of labor, official, official and other duties, with the exception of cases established by law.

The employer is obliged to familiarize the employee with a range of information that, by virtue of the law and the specifics of the work function performed by the employee, are not subject to disclosure. The employee's obligation not to disclose this information is included in the employment contract as an essential condition.

With regard to information related to the third group, the employer must determine the range of relevant information in the order of local rule-making (in job description or in a special provision). In local normative act it is advisable to establish the categories of employees, the degree and procedure for their access to information constituting a commercial (official) secret, as well as the types of persons and organizations, at whose request all confidential information or part of it. Information about the employee's familiarization with the relevant local act and his duty to ensure the confidentiality of information are included in the employment contract as an essential condition.

It is advisable to carry out such measures when organizing work with the personal data of an employee (see Chapter 14 of the Labor Code of the Russian Federation and a commentary to it). If the information is personalized, i.e. is directly related to the personality of the employee, then the data about it and the employee's obligation to refrain from disclosing it are recorded in the employment contract.

As follows from Art. Art. 10, 11 of the Federal Law "On Commercial Secrets", measures to protect the confidentiality of information taken by its owner should include: 1) determination of the list of information constituting a commercial secret; 2) restricting access to information constituting a commercial secret by establishing a procedure for handling this information and monitoring compliance with this procedure; 3) registration of persons who have gained access to information constituting a commercial secret, and (or) persons to whom such information was provided or transferred; 4) regulation of relations on the use of information constituting a commercial secret by employees on the basis of labor contracts and counterparties on the basis of civil law contracts; 5) application to material carriers containing information constituting a commercial secret, or the inclusion in the requisites of documents containing such information, the stamp "commercial secret" indicating the owner of such information (for legal entities- full name and location, for individual entrepreneurs - surname, name, patronymic of a citizen who is an individual entrepreneur, and place of residence).

The commercial secret regime is considered established after the owner of the information constituting a commercial secret takes the above measures.

Measures to protect the confidentiality of information are recognized as reasonably sufficient in the following cases: a) exclusion of access to information constituting a trade secret for any person without the consent of its owner; b) ensuring the possibility of using information constituting a commercial secret by employees and transferring it to counterparties without violating the commercial secret regime.

In order to protect the confidentiality of information, the employer is obliged: a) to acquaint the employee, whose access to information constituting a trade secret is necessary for the performance of his job duties, with a list of information constituting a trade secret owned by the employer and his counterparties; b) to familiarize the employee, on receipt, with the trade secret regime established by the employer and with the measures of responsibility for its violation; c) create an employee the necessary conditions to comply with the trade secret regime established by the employer.

An employee's access to information constituting a commercial secret is carried out with his consent, if this is not provided for by his labor duties.

In order to protect the confidentiality of information, the employee is obliged to: a) comply with the trade secret regime established by the employer; b) not to disclose information constituting a commercial secret, the owners of which are the employer and his counterparties, and without their consent not to use this information for personal purposes; c) transfer to the employer upon termination or termination of the employment contract the material media in the employee's use containing information constituting a commercial secret, or to destroy such information or delete it from these material media under the control of the employer.

7. On the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer, as an optional condition of the employment contract, see Art. , and comments to them.

8. The parties may agree on the implementation by the employer in favor of the employee additional payments or on the provision of benefits of a social nature. In particular, the parties may establish an agreement on supplementary insurance for the employee as a condition of the employment contract. The essence of this agreement is that the employer assumes the obligation to insure the employee on the terms proposed by a specific insurance organization, or to provide additional insurance for the employee on the terms worked out by the parties to the employment contract. In the same row is the condition on additional non-state pension provision for the employee.

9. The list of additional (optional) conditions of the employment contract, contained in Art. 57 of the Labor Code of the Russian Federation, is not exhaustive. By concluding an employment contract, the parties have the right to agree on any other conditions that can both specify the content of the employment relationship, and relate to other aspects of the relationship between the parties. For example, the parties can agree on the use by the employee of his tool in the process of work, the procedure for the employer to provide services for the delivery of the employee to the place of work and back, household and socio-cultural services for the employee and his family members at the expense of the employer.

At the same time, there are restrictions on the scope of definition of additional (optional) conditions and their content, namely:

a) it is unacceptable in an employment contract to establish conditions related to the restriction of the rights and freedoms of an employee as a person and a citizen. By virtue of Art. 17 of the Constitution of the Russian Federation, fundamental human rights and freedoms are inalienable and belong to everyone from birth, therefore, their content cannot be the subject of any contract, including labor.

Society guarantees everyone freedom of conscience, religion, including the right to profess, individually or jointly with others, any religion or not to profess any, freely choose, have and disseminate religious and other beliefs and act in accordance with them (Article 28 of the Constitution of the Russian Federation). Consequently, the labor contract cannot include conditions related to the refusal of the employee from a certain religion, transfer to another denomination, etc. An exception is an employment contract concluded with religious organization(cm. ).

By virtue of Art. 30 of the Constitution of the Russian Federation, everyone has the right to association, including the right to create trade unions to protect their interests. Freedom of activity public associations guaranteed. Accordingly, the terms of an employment contract that provide for renunciation of membership in a trade union or, conversely, mandatory membership in any trade union, will be unconstitutional. On the same grounds (Art. 29 of the Constitution of the Russian Federation), conditions on renunciation of membership in a certain political party or on membership in a certain party cannot be established in an employment contract.

The constitutional right of everyone to education (Article 43 of the Constitution of the Russian Federation) excludes the possibility of securing in the employment contract a condition on refusal to study in training organization... At the same time, the condition of the employment contract, which provides for the obligation to obtain the education necessary to improve the qualifications of the employee, cannot be recognized as inconsistent with the Constitution.

Finally, the general constitutional principle of individual freedom, which implies freedom to dispose of oneself and is embodied in a number of articles of the Constitution of the Russian Federation, determines the unconstitutionality of the terms of an employment contract, which implies a permanent or for a certain period of time refusal to marry, have children, or exercise other family functions;

b) it is unacceptable in the employment contract to establish conditions related to the restriction of the civil legal personality of individuals (both the employee and the employer). Transactions aimed at limiting legal capacity or legal capacity are void, except for cases when such transactions are permitted by law (Article 22 of the Civil Code of the Russian Federation);

c) the terms of an employment contract are not recognized as legal, which change the norms of legislation that are of a mandatory (imperative) nature. For example, the contract cannot change the procedure for considering individual labor disputes since this order is imperatively regulated by law; it is impossible to include in the agreement the terms of non-disclosure of information that does not constitute a commercial or official secret;

d) it is unacceptable to establish conditions in the employment contract, the implementation of which is associated with the obligation of third parties, i.e. persons who are not a party to the contract. At the same time, the conclusion of an employment contract may be accompanied by the conclusion of other agreements that do not contradict the law, including those of another industry, with the participation of the parties to the employment contract and third parties, implying the imposition of obligations on their parties in connection with the concluded employment contract;

e) conditions that worsen the employee's position in comparison with those established by the collective agreement (agreement) or labor legislation (art. 57 of the Labor Code of the Russian Federation) are not included in the labor contract.

The listed conditions of the employment contract are invalid (null and void).

10. A number of circumstances that are defined as mandatory or additional conditions of an employment contract, depending on their legal nature, can be classified as essential conditions of an employment contract, but may not be them, acting as the so-called ordinary conditions of an employment contract, or being generally outside the agreement of the parties.

For example, compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, as well as the characteristics of working conditions at the workplace can be determined state standards or collective agreements (agreements) and, therefore, not being the product of direct negotiations between the parties, cannot be classified as mandatory (essential) conditions of an employment contract. However, given that they can be changed by agreement of the parties, these conditions can be considered normal terms of the employment contract. The meaning of the latter lies in the fact that the parties reach agreement on them by means of silence. It is enough to familiarize the employee with them, about which a corresponding entry is made in the employment contract.

At the same time, situations are possible when there are no general standards or the work of this employee is used in exceptional conditions that impose special requirements on the protection of his health. There is a need to individualize the characteristics of working conditions, as well as the types and amounts of compensation and benefits to employees for work in difficult, harmful and (or) dangerous conditions, which should be done within the framework of an employment contract. In this case, the specified conditions are modified as essential (incidental) conditions of the employment contract.

A similar assessment can be given to other conditions arising from labor legislation, collective agreement (agreement), local regulatory legal acts.

A significant part of the norms of labor legislation is of a mandatory and dispositive nature. Legal nature of these norms lies in the impossibility of deteriorating the position of the employee relative to that established by law, but in the admissibility of improving this position. Consequently, the parties can either agree that they are subject to the current labor legislation, or establish other, more favorable rules for the employee. In the first case, the terms of agreement between the parties arising from the norms of labor legislation can be recognized as the usual terms of an employment contract; in the second case, the usual terms are modified by the parties into essential (random) terms of the employment contract. It is these conditions that are specified "in relation to the working conditions of this employee" rights and obligations of the employee and the employer, established by labor legislation and other regulatory legal acts containing labor law norms.

11. All of the listed conditions are the terms of the employment contract as a contract, i.e. the result of a direct or indirect expression of the will of the parties or one party, agreed with the other party. At the same time, Art. 57 of the Labor Code of the Russian Federation identifies conditions in the content of an employment contract that, from this point of view, are not contractual, since their content does not depend on the will of the parties.

These conditions include the types and conditions of social insurance directly related to work. However, as you know, the types and conditions of social insurance are determined by the state exclusively in normative order, thereby being outside the discretion of the parties to the employment contract. As a non-contractual condition, social insurance of an employee cannot be an element of the content of an employment contract. The inclusion of provisions on the social insurance of the employee in the employment contract, apparently, is aimed at informing the employee about the content of the relevant legislation. Such information is possible in two ways.

In the first case, a clause is introduced into the text of the agreement, the wording of which may sound like this: "Types and conditions of social insurance - in accordance with the current legislation."

In the second version, the employee is introduced to the provisions of the legislation on the types and conditions of social insurance directly related to work, about which a corresponding entry is made in the employment contract. This option is more acceptable.

The same approach has to be taken when assessing the rights and obligations of the parties arising from peremptory norms formulated by labor legislation and other regulatory legal acts containing labor law norms (part 5 of the commented article 57 of the Labor Code of the Russian Federation). The imperative nature of these rules means that their content, in principle, cannot be changed by agreement of the parties, moreover, if such changes are made, they cannot be recognized as valid. Thus, the rights and obligations of the parties arising from the peremptory norms of the law are non-contractual in nature, which means that they cannot constitute the content of an employment contract as an agreement of the parties. Entering them, as well as data on the conditions of compulsory social insurance of an employee, into the text of an employment contract as a written document pursues an exclusively informational task. Consequently, these and other similar circumstances should be classified not in the category of conditions of an employment contract, but in the category of information. Their absence in the text of the contract does not relieve the parties from the implementation of the corresponding non-contractual rights and obligations.

In accordance with labor legislation, an employment contract is an agreement between an employee and an employer (in Art. 56 of the Labor Code of the Russian Federation). An employment contract presupposes that the employer is obliged to present the employee with work according to a specified labor function, to ensure working conditions, to pay wages in a timely manner and in full, and the employee undertakes to perform certain labor functions in the interests, under the management and control of the employer, as well as to comply with the internal labor regulations. ...

Consider the conditions that should be included in the employment contract.

In accordance with Art. 57 of the Labor Code of the Russian Federation, an employment contract must include:

  • Information to be included in the employment contract;
  • Obligatory conditions of the contract;
  • Additional terms of the contract.

The information to be included in the employment contract includes:

  • Surname, name and patronymic of the employee;
  • Employer name;
  • Details of the employee's identity document;
  • TIN of the employer;
  • Information about the employer's representative (if the employer concludes the employment contract not personally, but through his representative);
  • Date and place of the conclusion of the contract.

The absence of the above information may be the basis for termination of the contract.

Mandatory terms of the contract

The following conditions must be included in the employment contract:

1. Place of work.

Do not confuse the place of work and workplace... Place of work is the name of the employer.

If an employee is accepted to a branch of an organization located in another locality, then his location is indicated in the contract.

Example:

“The place of work of the employee is LLC“ Moskovskie okna ”located at the address: Moscow, st. Moscow, d. 29. "

2. Labor function.

Labor function is work by position, profession, specialty, indicating the qualifications or the specific type of work entrusted to the employee.

The name of the position, for work not associated with harmful and dangerous working conditions, the employer can determine independently. If work is associated with harmful and hazardous working conditions, i.e. imply the provision of any compensation or benefits, the names of positions, professions or specialties must be indicated in accordance with qualification reference books (ETKS, EKS) and professional standards.

Example:

For the position: "The employee is entrusted with the performance of work as a design engineer."

For the profession: "An employee is employed as a locksmith of the 3rd category."

3.Date of commencement of work.

The date of commencement of work may differ from the date of the conclusion of the employment contract.

If the day of commencement of work is not determined by the employment contract, then the employee must start work on the day following the day of signing the employment contract.

Example:

Note: if the employee is actually admitted to work, the employer must conclude an employment contract with him no later than 3 days from the date of such admission.

4.Duration of the contract

This item is indicated only in a fixed-term employment contract. In this case, in addition to the term of the contract, the basis for its conclusion is also indicated.

Example:

"2. Contract time.

2.2. The contract is concluded for six months for the period of the store's operation from January 17, 2017 to July 17, 2017 ".

If it is not possible to determine the exact date of the end of a fixed-term employment contract, then in the contract you can specify the condition for its termination.

Example:

"This agreement was concluded during the absence of the secretary of Sidorova Galina Petrovna in connection with the leave to care for a child under three years of age."

5. Terms of payment.

The labor contract must indicate the size of the tariff rate or salary, as well as all stipulated allowances, surcharges and bonuses (part 1 of article 135 of the Labor Code of the Russian Federation).

The maximum salary is not limited, with the exception of certain categories of employees, the amount of remuneration for which is established legislative acts RF.

The minimum wage of an employee who has worked the standard of working hours cannot be lower than the minimum wage (currently it is 7,500 rubles).

In addition to the amount of remuneration, the labor contract must indicate the methods and terms of payment of wages.

Example:

"5.1. The official salary is set for the employee in the amount of 45,000 (forty-five thousand) rubles. and other incentive payments in accordance with the bonus regulations.

5.2. The deadline for payment of wages is the 8th and 21st of each month. "

Note: wages must be paid at least 1 time per half month, no later than 15 calendar days from the end of the period for which it was charged (part 6 of article 136 of the Labor Code of the Russian Federation).

6.Mode of working time and rest time

This condition is included in the contract if the work schedule of a particular employee differs from the general rules established by the employer.

Example:

"3.1. The employee is assigned a shorter working day with a standard working time of 30 hours per week with a five-day working week with a duration daily work 6 o'clock.

3.2. The work starts at 8.00 and ends at 15.00. Break for rest and meals - from 12.00 to 13.00. "

6.Guarantees and compensations for work with harmful and (or) dangerous working conditions

This condition is mandatory for employees with harmful and (or) hazardous working conditions.

The list of such employees is determined by law. However, if, during a special assessment of working conditions, their presence at the workplace of the employee is revealed, then this item should also be included in the employment contract with the employee.

Example:

"For work in hazardous working conditions of the 2nd degree, the employee is provided with an additional paid leave of 8 calendar days."

  1. Nature of work

This clause is included in the employment contract at the discretion of the employer. As a rule, it is relevant for workers with a traveling nature of work.

Example:

"The employee is established a traveling nature of work with the territory of traveling in Moscow and the Moscow region."

8. Working conditions in the workplace

Working conditions are indicated on the basis of a special assessment carried out at specific workplaces.

If the organization has not carried out special assessment working conditions, the working conditions are indicated on the basis of the earlier certification of workplaces.

Example:

"Working conditions at the worker's workplace are harmful: class 3, subclass 3.2."

9. Compulsory social insurance

The legislation provides for several types of social insurance:

  • Compulsory medical;
  • Social in case of temporary disability and in connection with motherhood;
  • Social from industrial accidents and occupational diseases;
  • Mandatory pension.

It is not necessary to list all types of employee insurance in the employment contract. It is enough to indicate a reference to the legislation.

Example:

"The employer guarantees the insurance of the employee in the compulsory social insurance system in accordance with the norms of the Labor Code of the Russian Federation and other federal laws."

Other conditions

This clause indicates specific provisions for certain categories of workers (for example, part-time workers).

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