Approve standard forms of employment contracts. Employment contract with the employee. Regulations on irregular working hours

The form of a standard employment contract was approved by Decree of the Government of the Russian Federation dated August 27, 2016 No. 858. See "". For what purposes was the form of a standard employment contract approved? Who and in what situations can conclude agreements using the standard form? Is it necessary to use a standard form? When to switch to standard contracts? You will find answers to these and other questions in this article.

Waiver of regulations since 2017

Since 2017, employers (organizations and individual entrepreneurs) belonging to micro-enterprises have the right to fully or partially refuse to adopt local regulations containing labor law standards. Instead, since 2017, working conditions can be stipulated directly in employment contracts concluded with employees on the basis of a standard form. This is provided for in Article 309.2 Labor Code RF, coming into force on January 1, 2017.

Microenterprises include organizations or individual entrepreneurs that meet the following criteria:

If you are on the register, then from 2017 you can switch to concluding employment contracts with employees on the basis of a standard form and refuse to adopt local regulations containing labor law standards.

Composition of a standard form of an employment contract

The form of a standard employment contract consists of a preamble (that is, an introductory part) and 11 sections:

However<Положение об оплате труда и премировании>can be completely (or partially) replaced with the wording from section 4 of the standard form “Employee remuneration”. So, for example, in employment contracts concluded on the basis of a standard form, it will be necessary to specify wages ( official salary or rates for piecework wages) and indicate the exact dates of its payment.

Regulations on irregular working hours

This document usually contains a list of workers with irregular working hours, if such a regime is established for them (101 Labor Code of the Russian Federation). A similar local act may not be applied since 2017 if the wording from clause 19 of the standard form is included in the employment contract.

Rules and instructions on labor protection

These documents are developed and approved in accordance with paragraph 23 of part 2 of article 212 of the Labor Code of the Russian Federation. The form of a standard employment contract contains section 6 “Occupational Safety and Health”. It contains language, for example, about the class of working conditions in the workplace, initial training, and the provision of personal protective equipment. In this part, you can switch to a standard contract.

However, rules and instructions on labor protection are usually much more informative. Therefore, most likely, not all employers will be able to completely abandon them.

Job Descriptions

Duty to draw up job descriptions established only for government agencies (Article 47 of the Federal Law of July 27, 2004 No. 79-FZ). Therefore, it is impossible to fine an ordinary employer for lack of instructions (letter of Rostrud dated 08/09/2007 No. 3042-6-0). However, many employers draw up job descriptions because their availability allows, for example:

• justify the dismissal of an employee due to inadequacy of the position;
• distribute responsibilities evenly between similar positions;
• prove in court the legality of the imposition disciplinary action per employee;
• conduct personnel certification, etc.

It turns out that the form of a standard employment contract allows the employer to decide what is more convenient for him to do. Either continue to approve job descriptions separately or specify all the functionality of employees in the employment contract.

Shift schedule

Shift schedules are drawn up based on the established standard working hours for accounting period for a specific category of workers and contain information about the duration of working hours during a shift, rest breaks between shifts and the order of their rotation. All this information, in principle, can be reflected in employment contracts. The necessary formulations for this are in a standard form:

"On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises"

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION
dated August 27, 2016 N 858

ABOUT THE STANDARD FORM OF AN EMPLOYMENT CONTRACT CONCLUDED BETWEEN AN EMPLOYEE AND AN EMPLOYER - A SMALL ENTERPRISE, WHICH IS A MICRO-ENTERPRISE

2. Ministry of Labor and social protection Russian Federation provide explanations on the use of the standard form approved by this resolution.

3. This resolution comes into force on the date of entry into force of the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises.”

Chairman of the Government
Russian Federation
D. MEDVEDEV

APPROVED
Government resolution
Russian Federation
dated August 27, 2016 N 858

STANDARD FORM of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises _______________________________________ "__" __________ ____ (place of conclusion (date of conclusion) (city, locality) _________________________________________________________________, (full name of the employer) hereinafter referred to the employer, represented by _____________________ _________________________________________________________________, (information about the employer’s representative - last name, first name, patronymic, position of the person authorized to represent the employer in labor relations) acting on the basis of _______________________________________, (the basis by which the employer’s representative is vested with the appropriate powers - constituent documents legal entity indicating the date of their approval, a local regulatory act (if any), a power of attorney indicating by whom and when issued, other) on the one hand, and _____________________________________________, (last name, first name, patronymic of the employee) hereinafter referred to as the employee, on the other hand, hereinafter referred to as the Parties, guided by the Labor Code of the Russian Federation (hereinafter referred to as the Code), federal laws and other regulatory legal acts , containing labor law norms, have entered into this employment contract as follows. I. General provisions 1. The employer provides the employee with work: ___________________________________________________________________ (name of position, profession or specialty indicating qualifications) and the employee undertakes to personally perform the specified work in accordance with the terms of this employment contract. 2. The employee is hired: ___________________________________________________________________ (the place of work is indicated, and if the employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area, the place of work indicating the separate structural unit and its location) 3. Additional conditions (filled in if necessary) ___________________________________________________________________ (indication of the location of the workplace, name of the structural unit, site, laboratory, workshop, etc.) 4. Labor (job) responsibilities are established (indicate as necessary) _________________________________________________________. (in this employment contract (subclause “a” of clause 11) / in the job description) 5. The employee begins work with “___”_________________. 6. The employee enters into (as required) ___________________________________________________________________ (employment contract for an indefinite period/fixed-term employment contract) In case of concluding a fixed-term employment contract: the validity period of the employment contract is ________________________________; (duration, expiration date of the employment contract) circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with Article 59 of the Code or other federal law (specify as necessary) ______________. 7. The employee __________________________________________ test. (set / not set) The test period is set to last ________________ __________________________________________ months (weeks, days). (to be filled in when establishing a test) 8. This employment contract is an agreement _________________ ___________________________________________ (indicate as necessary). (for main job / part-time) 9. The employee _______________________________ has a special nature of work (has / does not have) (specify if necessary) _____________________________________. (traveling, on the road, mobile, remote, home-based, other type of work) 9.1. Conditions of the employment contract related to the specifics of performing remote work (to be filled out in the employment contract with the remote worker): 9.1.1 The work specified in paragraph 1 of this employment contract is carried out: a) by exchanging electronic documents ________________________; (yes / no) b) using _____________________________________________; (enhanced qualified electronic digital signature (EDS) / no EDS is used) c) using (listed if necessary) ___________________________________________________________________ (equipment, software and hardware, information security tools, other means _________________________________________________________________; (provided by the employer (procedure and terms of provision)/ owned by the employee/rented by the employee) d) using (specify as necessary) ________________________ _________________________________________________________________; (information and telecommunications network "Internet", other information and telecommunications network common use, other) 9.1.2. For the use of equipment owned or leased by the employee, software and hardware, the Internet, other means specified in subparagraphs “c” and “d” of paragraph 9.1.1, he is paid compensation _______________________________________, (amount, procedure and terms of payment) other expenses related to remote work are reimbursed __________________________________________________________ (reimbursement procedure) 9.1.3. The employee submits reports (information) to the employer on the work performed _______________________________________________. (order of presentation, deadlines, frequency) 9.1.4. Receipt confirmation period electronic document from the other side __________________________________________________. 9.1.5. Schedule of working hours and rest time (as required) ___________________________________________________________________ (duration of working hours per week, start and end of work, breaks in work, ___________________________________________________________________ days off, time of interaction with the employer) ___________________________________________________________________ (working time and rest time the employee plans at his own discretion ) 9.1.6. Insurance certificate of compulsory pension insurance (must be specified) _______________________________. (issued by the employer / employee entering work for the first time, receives independently) 9.1.7. The employer is obliged to familiarize the employee with labor safety requirements when working with equipment and tools recommended or provided by the employer (if equipment and tools are provided or recommended). 9.1.8. Information about remote work in work book remote worker _____________________________________________. (included / not included) 9.1.9. When concluding an employment contract for the first time, the employer’s work book is ___________________________________________________. (issued/not issued) 9.1.10. Upon reaching an agreement to make an entry in the work book, the employee provides the work book to the employer ___________________________________________________________________ (in person/sends it by mail by registered mail with notification) 9.1.11. Additional conditions (filled in if necessary) ___________________________________________________________________ 9.2. Terms of the employment contract related to the specifics of performance home work(to be completed in the employment contract concluded with the homeworker): 9.2.1. The work specified in paragraph 1 of this employment contract is carried out from materials and using tools and mechanisms or other means (specify) ____________________________ ___________________________________________________________________ (allocated by the employer/purchased by the employee at his own expense/other) 9.2.2. For the homeworker’s use of his tools and mechanisms, he is paid compensation for their wear and tear, as well as other expenses associated with performing work at home (specify as necessary): ___________________________________________________________________ (procedure, amount and terms of compensation, reimbursement of expenses) 9.2.3. The procedure and timing for providing the homeworker with raw materials, supplies and semi-finished products (specify if necessary) _________________________________________________________________. 9.2.4. The procedure and timing for the transfer of work results (removal of finished products) (specify if necessary) __________________________. 9.2.5. Payment for manufactured products, other payments (specify as required) ___________________________________________. 9.2.6. Working hours (specify as necessary) ___________________________________________________________________ (duration of working hours per week, start and end of work, time of breaks in work, days off, time of interaction with the employer) 9.2.7. Additional conditions (filled in if necessary) ____ ___________________________________________________________________ II. Rights and obligations of the employee 10. The employee has the right to: a) provision of work stipulated by this employment contract; b) workplace, meeting state regulatory requirements for labor protection; c) timely and full payment wages, the amount and conditions for receiving which are determined by this employment contract, taking into account qualifications, complexity of work, quantity and quality of work performed; d) complete reliable information about working conditions and labor protection requirements in the workplace; e) compulsory social insurance in cases provided for by federal laws; f) conducting collective negotiations and concluding a collective agreement, agreements, as well as information on the implementation of a collective agreement (if concluded), agreements (if concluded); g) amendment and termination of this employment contract in the manner and on the terms established by the Code and other federal laws; h) protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law; i) compensation for damage caused to him in connection with the execution labor responsibilities and compensation for moral damage in the manner established by the Code and other federal laws; j) association, including the right to create trade unions and join them, to protect their labor rights, freedoms and legitimate interests; k) rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, provision of weekly days off, non-working holidays, paid annual leave in accordance with labor legislation and other regulatory legal acts containing labor law norms, an employment contract; m) training and additional professional education in the manner established by the Code and other federal laws; m) pre-trial settlement of disagreements regarding the implementation of the terms of this employment contract, a collective agreement (if concluded), an agreement (if accepted) with the participation of a trade union or other employee representative; o) protection of your personal data in accordance with the requirements of the legislation of the Russian Federation; o) other rights established labor legislation and other regulatory legal acts containing labor law norms, local regulations (if adopted), as well as those arising from the terms of the collective agreement (if concluded), agreements (if concluded); p) other rights established by this employment contract (filled in if necessary) _________________________________. 11. The employee is obliged: a) to perform labor (official) duties in the position (profession or specialty) specified in paragraph 1 of this employment contract: _________________________________________________________________; (specify labor (official) responsibilities if they are established by this employment contract) b) comply with the working hours and rest hours established by this employment contract, local regulations (if adopted), collective agreement (if concluded), agreements (in case of imprisonment); c) observe labor discipline; d) comply with labor protection and occupational safety requirements; e) undergo mandatory preliminary and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations, as well as undergo extraordinary medical examinations at the direction of the employer in cases provided for by the Code; f) treat the employer’s property with care (including the property of third parties located at the employer, if the employer is responsible for the safety of this property); g) immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property); h) fulfill other duties established by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if concluded), agreements (if concluded), local regulations (if adopted); i) perform other duties established by this employment contract (filled in if necessary) ___________________________________________________________________ III. Rights and obligations of the employer 12. The employer has the right: a) to change and terminate this employment contract in the manner and on the terms established by the Code, other federal laws, and this employment contract; b) require the employee to fulfill his job duties and take care of the employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property), compliance with internal rules labor regulations(if accepted); c) reward the employee for conscientious, effective work; d) bring the employee to disciplinary and financial liability in the manner established by the Code and other federal laws; e) to other rights established by labor legislation and other regulatory legal acts containing labor law norms, this employment contract, local regulations (if adopted), as well as those arising from the terms of a collective agreement (if concluded), agreements (if conclusions). 13. The employer is obliged to: a) provide the work provided for in this employment contract; b) ensure safety and working conditions that comply with state regulatory requirements for labor protection; c) provide the employee with equipment, tools, technical documentation and other means necessary for him to perform his job duties (list if necessary) _________________________________________________________________; d) provide at the expense of own funds personal protective equipment, special shoes and other protective equipment, other means (list if necessary); e) organize (if necessary) mandatory preliminary and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations, as well as send for extraordinary medical examinations in cases provided for by the Code, at their own expense; e) retain for the employee average earnings for the duration of the mandatory medical examinations (examinations) specified in subparagraph "d" of this paragraph in accordance with the Code; g) compensate for harm caused to the employee in connection with the performance of his job duties, as well as compensate moral injury in the manner and under the conditions established by the Code, other federal laws and other regulatory legal acts of the Russian Federation; h) train the employee in safe methods and techniques for performing work and providing first aid to victims at work, provide instructions on labor protection, on-the-job training and testing of knowledge of labor protection requirements; i) keep records of working hours actually worked by the employee, including overtime work and work on weekends and non-working days holidays; j) pay the full amount of wages due to the employee in the manner and within the time limits established by this employment contract, as well as ensure an increase in the level of real wages; k) notify in writing about components wages due to the employee for the relevant period, the amount of other amounts accrued to the employee, the amount and grounds of deductions made, the total amount of money to be paid; m) process and ensure the protection of the employee’s personal data in accordance with the legislation of the Russian Federation; m) fulfill other duties provided for by labor legislation, including legislation on special assessment of working conditions, and other regulatory legal acts containing labor law norms, a collective agreement (if concluded), agreements (if concluded), local regulations ( if accepted); o) perform other duties (filled in if necessary) _________________________________________________________________. IV. Remuneration of the employee 14. The employee’s salary is set: a) _______________________________________________________________ (official salary / _________________________________________________________________; piecework wages (specify rates) or other remuneration) b) compensation payments (additional payments and allowances of a compensatory nature) (if any):

(indicate, if available, information about all additional payments and allowances compensatory nature, including for performing work with hazardous and (or) hazardous conditions labor, for work in areas with special climatic conditions, for work at night, for overtime work, other payments); c) incentive payments (additional payments and bonuses of an incentive nature, bonuses and other incentive payments) (if any):

(indicate information about all incentive payments in accordance with the existing remuneration systems of this employer (additional payments, incentive bonuses, incentive payments, including bonuses, remuneration based on the results of the year, for length of service, other payments); d) other payments (filled in if necessary): ________________. 15. The procedure for increasing the level of real wages is established (must be indicated): a) this employment contract ___________________________________ ___________________________________________________________________ (increase in official salary (tariff rate), amount of remuneration for work results ___________________________________________________________________; or other method) b) collective agreement, agreement (in case of conclusion), local normative act(if accepted) (specify as required). 16. Wages are paid ________________________________ ___________________________________________________________________ (at the place where the work is performed/transferred to credit institution- details: ___________________________________________________________________ name, correspondent account, TIN, BIC, beneficiary account) 17. Payment of wages to an employee is made __________ once a month (but not less than every half month) on the following days: ___________________________________________________________________ (indicate specific days of wage payment) V. Working time and rest time of the employee 18. The employee is provided with the following working hours: a) the length of the working week ______________________________ (five days with two days off _________________________________________________________________; days, six days with one day off, work week with the provision of days off on a sliding schedule, reduced work time, part-time work) b) duration daily work(shifts) ____________ hours; c) start time of work (shift) ___________________________________; d) end time of work (shift) ________________________________; e) time of breaks in work _____________________________________. (for rest and food, technological, other breaks) 19. The employee is provided with the following features of the work schedule (filled in if necessary) __________________________________ (irregular working hours, ___________________________________________________________________ shift work schedule indicating the start and end of work shifts, summarized recording of working time with an accounting period ( indicate the duration of the accounting period) 20. The employee is granted annual basic paid leave with a duration of _______________________ calendar days 21. The employee is provided with annual additional paid leave (filled in if there are grounds): for work with harmful and (or) dangerous working conditions with a duration of __________________________ calendar days; work in the regions of the Far North and equivalent areas (or other areas where a regional coefficient and percentage increase in wages are established) for a duration of _____________________________ calendar days; for an irregular working day lasting _______________ ________________________________________________ calendar days; other types of additional paid leave (specify if necessary) ___________________________________________________. (in accordance with the legislation of the Russian Federation or an employment contract) 22. Annual paid leave is provided to the employee annually (taking into account the guarantees for certain categories of employees provided for by the Code and other federal laws) in accordance with ___________________________________________________. (vacation schedule for the relevant year/written agreement between the parties) VI. Labor protection 23. The following working conditions are established at the employee’s workplace: __________________________________________________________. (indicate, if necessary, the class (subclass) of working conditions in the workplace, card number special assessment working conditions) 24. Initial training with the employee ____________________________ (carried out / not carried out, ___________________________________________________________________ since the work is not related to maintenance, testing, adjustment and equipment repair, _________________________________________________________________. use of tools, storage and use of raw materials and materials) 25. Employee (must be specified) _______________________________ (passes / does not pass ___________________________________________________________________ preliminary (upon entry to work) and periodic mandatory medical examinations, mandatory psychiatric examination, mandatory medical examinations at the beginning of the working day (shift ), as well as during and (or) at the end of the working day (shift) 26. Personal protective equipment for the employee _____________________ ___________________________________________________________________ (not provided / provided in accordance with standard standards, list) VII. Social insurance and other guarantees 27. The employee is subject to mandatory pension insurance, compulsory medical insurance, compulsory social insurance in case of temporary disability and in connection with maternity, compulsory social insurance against accidents at work and occupational diseases in accordance with federal laws. 28. Additional guarantees (to be completed if available): ___________________________________________________________________ (compensation for expenses for moving from another area, tuition fees, provision or reimbursement of rental housing costs, payment for car rental, etc.) ___________________________________________________________________ (grounds for provision of medical care a foreign citizen or stateless person temporarily staying in the Russian Federation) 29. Other guarantees provided to the employee, ____________________ _________________________________________________________________. (to be filled in if available) VIII. Other terms of the employment contract 30. Grounds for termination of the employment contract, in addition to those provided for by the Code (filled in if necessary for remote workers, homeworkers and workers working for an individual - individual entrepreneur): ___________________________________________________________________ 31. Procedure and conditions for termination of the employment contract as specified in paragraph 30 of this employment contract grounds (if necessary, indicate): __________________________________________ ___________________________________________________________________ (warning period, guarantees, compensation, etc.) IX. Changing the terms of the employment contract 32. Changing the terms of this employment contract determined by the Parties and the dates for their entry into force is permitted only by agreement of the Parties, except for cases provided for by the Code. An agreement to change the terms of this employment contract determined by the Parties is concluded in writing. 33. If the employer changes the terms of this employment contract (except for changes labor function) for reasons related to changes in organizational or technological working conditions, the employer is obliged to notify the employee about this in writing within the time limits established by the Code. X. Responsibility of the Parties to the employment contract 34. For failure to fulfill or violation of the terms of this employment contract, the Parties are responsible in the manner and under the conditions established by labor legislation and regulations containing labor law norms. XI. Final provisions 35. To the extent not provided for by this employment contract, the employee and the employer are guided directly by labor legislation and regulations containing labor law norms, a collective agreement (if concluded), an agreement (if concluded). 36. This employment contract comes into force (as required) _________________________________________________________. (from the day it is signed by both parties / other period established by the Code, other federal laws, other regulatory legal acts or an employment contract) 37. This employment contract is concluded in two copies, each having the same legal force, which are stored: one by the employee, the other by the employer. 38. Additional agreements on changing the terms of this employment contract are an integral part of it. The employee is familiar with: the content of labor (official) duties ________________ ________________________________ ________________________________ (employee signature) (date of familiarization) with the collective agreement (if concluded) ________________________________ ________________________________ (employee signature) (date of familiarization) with the local regulations in force at the employer directly related to labor activity employee (if accepted, list) _____________________________________ ________________________________ ________________________________ (employee signature) (date of acquaintance) I give my consent to the employer’s processing of my personal data necessary for labor relations ________________________________ ________________________________ (employee signature) (date) Introductory training on labor protection completed: Employee signature _____________________ Date "__" _______________ Signature of the person who conducted the training _______________ Date "__" _______________ The initial briefing on labor protection in accordance with paragraph 24 of this employment contract was completed: ________________________________ ________________________________ (signature of the employee) (date of familiarization) Signature of the person who conducted the training _______________ Date " __" _______________ Employer: Employee: _______________________________ ________________________________ (full and abbreviated (last name, first name, patronymic) name of the legal entity / last name, first name, patronymic of the individual entrepreneur) Address of the legal entity in Address of residence: within its location / place of residence of the individual entrepreneur: ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ Address of the place of implementation Document certifying the activities of a legal entity/identity: individual entrepreneur: ________________________________ ________________________________ ________________________________ (type, series and number, by whom issued, ________________________________ date of issue) Other documents submitted by foreign citizens or stateless persons, with indicating the details Identification number ________________________________ of the taxpayer ________________________________ _______________________________ ________________________________ Signature of the employee _____________________ Date "__" _______________ Notes: 1. Subparagraph "b" of paragraph 10 and subparagraph "h" of paragraph 13 do not apply to remote workers. 2. Clause 18 does not apply to remote workers and homeworkers. 3. Paragraphs 23 - 26 do not apply to remote workers. 4. Paragraph 27 applies to employees - foreign citizens with special features established by federal laws and international treaties of the Russian Federation. 5. For foreign citizens or stateless persons, the following information is indicated: about a work permit or patent - when concluding an employment contract with a foreign citizen or stateless person temporarily staying in the Russian Federation; on a temporary residence permit in the Russian Federation - when concluding an employment contract with a foreign citizen or stateless person temporarily residing in the Russian Federation; on a residence permit - when concluding an employment contract with a foreign citizen or stateless person permanently residing in the Russian Federation; details of the contract (policy) of voluntary medical insurance or concluded by the employer with medical organization agreement on the provision of paid medical services with a foreign citizen or stateless person temporarily staying in the Russian Federation.

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The employee is hired by the Employer to perform work in a position in.

1.2. The employee is required to start working in 2020.

1.3. This employment contract comes into force from the moment it is signed by both parties and is concluded for an indefinite period.

1.4. The work under this agreement is the main one for the Employee.

1.5. The Employee's place of work is at: .

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee reports directly to the General Director.

2.2. The employee is obliged:

2.2.1. Perform the following job responsibilities: .

2.2.2. Comply with the internal labor regulations established by the Employer, production and financial discipline, treat conscientiously in fulfilling your job responsibilities specified in clause 2.2.1. this employment contract.

2.2.3. Take care of the Employer’s property, maintain confidentiality, and not disclose information and information that is a trade secret of the Employer.

2.2.4. Do not give interviews, conduct meetings or negotiations regarding the activities of the Employer without the permission of its management.

2.2.5. Comply with labor protection, safety and industrial sanitation requirements.

2.2.6. Contribute to the creation of a favorable business and moral climate at work.

2.3. The employer undertakes:

2.3.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (work) not stipulated by this employment contract only in cases provided for by the labor legislation of the Russian Federation.

2.3.2. Provide safe conditions work in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.

2.3.3. Pay the Employee in the amount established in clause 3.1. this employment contract.

2.3.4. Pay bonuses and remuneration in the manner and on the terms established by the Employer, provide financial assistance taking into account the assessment of the Employee’s personal labor participation in the work of the Employer in the manner established by the Regulations on remuneration and other local acts of the Employer.

2.3.5. Carry out compulsory social insurance of the Employee in accordance with current legislation RF.

2.3.6. Pay for training, if necessary, in order to improve the Employee’s qualifications.

2.3.7. Familiarize the Employee with labor protection requirements and internal labor regulations.

2.4. The employee has the following rights:

• the right to provide him with the work specified in clause 1.1. this employment contract;
• the right to timely and full payment of wages;
• the right to rest in accordance with the terms of this employment contract and legal requirements;
• other rights granted to employees by the Labor Code of the Russian Federation.

2.5. The employer has the right:

• encourage the Employee in the manner and amount provided for by this employment contract, the collective agreement, as well as the conditions of the legislation of the Russian Federation;
• involve the Employee in disciplinary and financial liability in cases provided for by the legislation of the Russian Federation;
• exercise other rights granted to him by the Labor Code of the Russian Federation.

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is paid a salary in the amount of rubles per month.

3.2. When performing work of various qualifications, combining professions, working outside normal duration working hours, at night, on weekends and non-working holidays, etc. The employee is paid the following additional payments:

3.2.1. Work on weekends and non-working holidays is paid double.

3.2.2. An employee who performs for the same employer, in addition to his main work, stipulated by the employment contract, extra work in another profession (position) or acting as a temporarily absent employee without release from his main job, an additional payment is made for combining professions (positions) or performing the duties of a temporarily absent employee in an amount determined additional agreement to this agreement.

3.2.3. Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. At the request of the Employee overtime work Instead of increased pay, it may be compensated by providing additional rest time, but not less than the time worked overtime.

3.3. Downtime caused by the employer, if the Employee warned the employer in writing about the start of downtime, is paid in the amount of at least two-thirds of the Employee’s average salary. Downtime due to reasons beyond the control of the employer and the Employee, if the Employee warned the employer in writing about the start of downtime, is paid in the amount of at least two-thirds of the tariff rate (salary). Downtime caused by the Employee is not paid.

3.4. The conditions and amounts of payment of incentives by the Company to the Employee are established in the collective labor agreement.

3.5. The Employer pays wages to the Employee in accordance with the “Regulations on Remuneration” in the following order: .

3.6. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

4. WORKING AND REST TIME REGIME

4.1. The employee is assigned a five-day working week of 40 (forty) hours. Weekends are Saturday and Sunday.

4.2. During the working day, the Employee is given a break for rest and food from one hour to one, which is not included in working hours.

4.3. Work of the Employee in the position specified in clause 1.1. agreement is carried out under normal conditions.

4.4. The employee is granted annual leave of 28 calendar days. Vacation for the first year of work is granted after six months continuous operation in society. In cases provided for by labor legislation, at the request of the Employee, leave may be granted before the expiration of six months of continuous work in the Company. Leave for the second and subsequent years of work may be provided at any time of the working year in accordance with the order of provision of annual paid leave established in this Company .

4.5. For family reasons and others good reasons At his request, an employee may be granted short-term leave without pay.

5. EMPLOYEE SOCIAL INSURANCE

5.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation.

6. WARRANTY AND COMPENSATION

6.1. During the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

7. RESPONSIBILITY OF THE PARTIES

7.1. In case of failure or improper performance by the Employee of his duties specified in this agreement, violation of labor legislation, the Employer’s internal labor regulations, other local regulations of the Employer, as well as damage to the Employer material damage he bears disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.

7.2. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.

7.3. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and (or) inaction of the Employer.

8. TERMINATION OF THE AGREEMENT

8.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.

8.2. The day of termination of the employment contract in all cases is the Employee’s last day of work, with the exception of cases where the Employee did not actually work, but retained his place of work (position).

9. FINAL PROVISIONS

9.1. The terms of this employment contract are confidential and are not subject to disclosure.

9.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

9.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.

9.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

9.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

10. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Employer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

Worker Registration: Postal address: Passport series: Number: Issued by: By: Telephone:

11. SIGNATURES OF THE PARTIES

Employer _________________

Worker _________________

Download the 2016 employment contract form. Download the form of the employment contract between individual entrepreneurs and employees, 2016. Download the employment contract form with a probationary period of 2016. View a sample of filling out employment contracts.

Employment contract is a legal agreement between an employer and an employee. The only document on the basis of which it comes into force labor law- its basic norms.

Types of employment contracts

Employment contracts can be concluded:

• for a certain period (no more than five years) or to perform a specific job (urgent)
• for an indefinite period (indefinite - the same as being hired for a permanent job)

By general rule the employment contract must be concluded for an indefinite period. The following agreement is considered the same:

1. if it does not indicate the period of its validity
2. if at the end of the term of the fixed-term contract it was not terminated and the employee continues to work
3. If fixed-term contract concluded without sufficient grounds.

A fixed-term employment contract is concluded when the assigned work activity is short-term (seasonal, for example), or such a contract cannot be concluded for an indefinite period. Such cases are stipulated by law.

A fixed-term employment contract can be drawn up:

• when someone is hired instead of a temporarily absent employee, whose position is reserved
• for seasonal work
• when work is expected in areas of the Far North and equivalent areas, if this involves relocation
• to prevent or eliminate the consequences of disasters, epidemics and the like; if the employee gets a job in a small business organization (up to 40 people), retail, household services(up to 25 people) or to an individual
• to work abroad; for the implementation of temporary, unusual to this enterprise works (commissioning, equipment installation, production expansion, etc.)
• with pensioners, as well as people whose health status requires temporary work
• with a referral for temporary work (including public work) from the employment service
• some other cases

What documents should a new employee present when applying for a job?

When applying for a job, a person must present certain documents to the HR employee. Here is their list:

• passport or another identification document. For example, a birth certificate for persons under 14 years of age, a foreign passport for Russian citizens permanently residing outside its territory
• work book (except for part-time workers and those entering work for the first time)
• insurance certificate of state pension insurance (except for those entering work for the first time)
• military registration documents. For those liable for military service in the reserve - a military ID or a temporary certificate issued in place of a military ID, and for conscripts - a certificate of a citizen subject to conscription for military service (clause 18 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719)
• document on education, qualifications or special knowledge (if the job requires special knowledge or special training)
• certificate of presence (absence) of a criminal record or criminal prosecution (if the work is related to activities to which persons who have or have had a criminal record are not allowed, for example pedagogical activity) (Article 331 of the Labor Code of the Russian Federation)

This is stated in Article 65 of the Labor Code of the Russian Federation.

Documents that are not on this list can be requested only in cases provided for by law. For example, if a company hires an employee to work in harmful or dangerous working conditions, he must provide an appropriate conclusion on the results preliminary medical examination, signed by a doctor and certified by the seal of a medical institution (Article 213 of the Labor Code of the Russian Federation).

In practice, the question often arises: is it possible to hire a Russian citizen who does not have registration at the place of residence and a certificate of assignment of a TIN? Yes, it is possible. Lack of residence registration is not is an obstacle to hiring an employee. Moreover, it is prohibited to refuse an applicant on this basis (Part 2 of Article 64 of the Labor Code of the Russian Federation). This point of view is confirmed in paragraph 11 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

The certificate of assignment of an individual tax number (TIN) is not mentioned in Article 65 of the Labor Code of the Russian Federation as a document required when hiring. Therefore, as a general rule, there is no need to demand it from the employee. However, in some cases, the presentation of the TIN by an employee is a mandatory condition for his employment. For example, such a requirement applies to concluding a service contract with a civil servant (Article 28 of the Labor Code of the Russian Federation, clause 6, part 2, article 26 of the law of July 27, 2004 No. 79-FZ).

Another important question: Is it possible to refuse to hire a citizen who does not have a pension insurance certificate?

No you can not. When applying for a job, a citizen must present a pension insurance certificate (paragraph 4, part 1, article 65 of the Labor Code of the Russian Federation). However, there may not be a certificate if a citizen goes to work for the first time or if he has lost this document.

In the first case, the company is obliged to independently issue a pension insurance certificate for a new employee.

In the second case, the citizen had to independently apply for restoration of the certificate due to its loss to the department Pension Fund Russian Federation at place of residence. Within a month from the date of filing such an application, he must receive a duplicate of the insurance certificate of the insured person. This procedure for restoring the insurance pension certificate is specified in paragraphs 5, 6 of Article 7 of Law No. 27-FZ dated April 1, 1996 and paragraph 22 of the Instruction approved by Resolution of the Board of the Pension Fund of the Russian Federation dated July 31, 2006 No. 192p.

If a citizen has not applied to the Pension Fund office with the specified application, the organization can hire him and independently issue him a duplicate of the lost certificate (Clause 5, Article 7 of Law No. 27-FZ of April 1, 1996).

Documents submitted by a newly hired person must be copied and stored, for example, in the employee’s personal file. There may also be a work book, an employment contract, an order for employment and all subsequent orders relating to the employee.

What documents should the HR department prepare for a new employee?

When hiring:

• the employee usually writes a statement
• the employee and the company administration enter into an employment contract
• the head of the company issues a hiring order

In addition, before concluding an employment contract, the employee must be familiarized (with signature) with the Labor Regulations (how to draw up this document, see page 106) and other internal documents regulating labor activities. In particular, these are:

• job description
• safety instructions

To familiarize the employee with these documents, fill out a sheet of familiarization with local acts.

In addition, a personal card is issued for the newly hired employee in form No. T-2.

If an employee gets a job for the first time, the company must issue him a work book and issue an insurance pension certificate (Part 4 of Article 65 of the Labor Code of the Russian Federation).

Employment contract with employees for 2016

An employment contract is the main document that confirms the existence of an employment relationship between an employee and the company. In case of disputes, each party has the right to refer to the conditions that the parties agreed upon in the employment contract.

When hiring a new employee for a permanent job, indicate in his employment contract a specific salary amount (tariff rate) in rubles. It is inappropriate to write down the phrase “the employee’s salary is set according to the staffing table” in the employment contract.

The fact is that if you make such a reference to the staffing table in the employment contract, it will become an integral part of this employment contract. In such a situation, each time you will have to familiarize the employee, against signature, with the staffing table and all changes in it.

In addition, difficulties may arise with issuing an order to hire an employee, since the lines of form No. T-1 “with tariff rate(salary)”, “allowance” are designed specifically for recording in numbers. The same applies to filling out form No. T-1a.

An important nuance: an employment contract is also one of the documents that confirms the validity of labor costs. And not only salaries, but also other payments to the employee, which, according to Article 255 of the Tax Code of the Russian Federation, must be provided for in the employment contract so that their amount can be taken into account when calculating income tax.

Document form

Concluding an employment contract in writing is mandatory (Part 1, Article 67 of the Labor Code of the Russian Federation). The agreement must be drawn up in two copies. After signing, one copy of the employment contract is given to the employee, the other remains with the employer.

Contents of the employment contract, conditions of imprisonment

They can be divided into essential and optional.

1. Essential – prerequisites, in the absence of which the employment contract will not be considered concluded and labor relations will not arise
2. Optional – additional, the presence or absence of which does not affect the conclusion of the contract; these special conditions included in the employment contract if necessary, desired and agreed by the parties

A sample of a standard employment contract must contain:

• Place of future work (name of organization; if the employee is accepted into structural subdivision, then its name and address)
• Start date of work (usually this is the date specified in the contract; if the employee began his duties at the request of the employer earlier than the agreed date, the actual date of start of work is stated in the contract)
• Job functions of the employee, according to his specialization, profession in accordance with the staffing table of the enterprise. If there is no such position in the qualification directories, the organization has the right to introduce it and describe it in detail; but here it is necessary to take into account that the benefits or restrictions on specialties and professions are related to the titles of positions that exist in qualification directory RF
• Rights and obligations of the parties. It is more expedient to describe them specifically - regarding the position of the employee and his labor functions in the organization
• Working conditions: this applies to difficult, dangerous or hazardous work. This paragraph specifies the benefits and compensation provided. Also, for employees of special categories (under 18 years of age, nursing mothers and others) an individual contract is drawn up with a simplified work and rest regime.
• Salary. Here, in addition to the salary, allowances, additional payments, bonuses, etc. are stipulated - all this is established in accordance with the current legislation and the internal charter of the organization
• If an organization insures its employees, the types (medical, pension) and conditions of this insurance related to the employee’s work activities are indicated separately.

In addition to the mandatory ones, you can include additional clauses in the employment contract, for example, about probationary period, non-disclosure of any information, additional incentives for any labor achievements, etc. The main condition is that these additions do not in any way worsen the employee’s position with respect to the labor code.

Employment contracts are drawn up in two copies and signed by both parties.

Numbering of employment contracts

In practice, the question often arises: is it necessary to number employment contracts? The legislation does not contain a clear answer to this question.

Mandatory information that an employment contract must contain is listed in Article 57 of the Labor Code of the Russian Federation. An employment contract concluded with an athlete or coach must additionally contain the mandatory conditions listed in Article 348.2 of the Labor Code of the Russian Federation. The employment contract number is not required information.

However, some unified forms documents for recording labor and its payment provide for the numbering of employment contracts (for example, form No. T-1, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Therefore, in order to correctly fill out documents, it is advisable to assign numbers (numeration) to employment contracts.

The procedure for such numbering is not regulated by law. Therefore, the organization has the right to develop it independently. In practice, a system is used in which the number of the employment contract consists of its own contract number and numbers indicating the month (year) of its conclusion (for example, an employment contract concluded in March 2011 is assigned the number 16/03, where 16 is the serial number of the contract, 03 - month of conclusion of the contract). Such clarifications are given in the letter of Rostrud dated August 9, 2007 No. 3045-6-0.

Sample employment contract for employment in 2016

Sample employment contract between individual entrepreneur and employee

Sample employment contract with probationary period

Form of employment contract for employment in 2016

Form of employment contract between individual entrepreneur and employee

Form of employment contract with probationary period

2017-07-10

Since 2017, micro-enterprises can use a standard form of an employment contract, download this form can be found in the article below. How does this agreement differ from others, what are the features of a labor agreement for micro-enterprises?

As a general rule, the leading link in the chain of relations in the sphere of performance of the labor function is the employment contract. This aspect is characterized by the fact that only after signing the above document do rights and obligations appear for both the employee and the employer, which regulate the legal area in question. Based on this, it is necessary to reveal the main features and nuances in the preparation and conclusion of an employment contract in relation to micro-enterprises.

First of all, it should be noted that microenterprises belong to the sphere of small business, and therefore such enterprises are allowed to maintain documentation in a simplified manner. In particular, it is worth noting that from January 1, 2017, microenterprises were allowed not to use professional activity local acts of a normative nature.

This suggests that a standard form of employment contract was created specifically for small enterprises. This agreement must be formed in writing and sealed with the signatures of the parties involved. Such a document acquires legal force only from the moment the employee begins to perform a labor function.

Features of the employment contract for micro-enterprises since 2017

To reflect in more detail the main aspects of the preparation of this document, its structure should be analyzed. An employment contract for micro-enterprises must necessarily include the following information:

1. The name of the document compiled;
2. The location where the contract was drawn up, as well as the date it was drawn up;
3. The name and details of the employer in full or his representative who has all the necessary powers;
4. Full details of the employee;
5. General information provisions;
6. Legal status of the employee and employer;
7. Regulations on remuneration for work performed by the employee;
8. Regulations on work schedule;
9. Regulations on the protection of labor relations;
10. Social and insurance guarantees;
11. Provision on liability of both the employee and the employer;
12. Final provisions.

Also, in the standard form of an employment contract, at the request of the employer, a clause on the accrual of additional incentive financial bonuses paid to the employee by the micro-enterprise can be specified. In particular, these may be bonuses that are paid for high level intensity of work performed and for a long period of continuous employment relationships. Also, incentive payments can be paid for performing a labor function in an area that is located in special conditions climate. This can be work in deserts, mountains and conditions of the extreme northern regions.

This employment contract also provides for special conditions for those categories of employees who are in an employment relationship with the employer at a remote level, through the use of technical means such as telephone or telecommunications network Internet. The procedure for use, replacement and reimbursement of all arising financial expenses that are associated with the above equipment is reflected in this employment agreement.

That is, the standard form of an employment contract developed for microenterprises can be supplemented with additional conditions at the request of the organization.

It should be noted that in the event of any controversial situations arising on labor grounds between an employee and an employer, various audit or judicial authorities pay increased attention to the content of the structure of the employment agreement. In modern realities, it is permissible for microenterprises to fill out an employment contract in in electronic format, which is more relevant than the traditional form of documentation.

Download the standard form

The standard form of an employment contract for micro-enterprises since 2017 is.

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