Model employment contract for micro-enterprises: changes. Standard form of an employment contract for micro-enterprises: form, sample, filling procedure Standard contract for micro-enterprises sample

– this is the main regulatory document regulating the relationship between employee and employer. The document has legal force, the provisions specified therein must be strictly observed by both parties to the labor relationship. A properly drafted employment agreement will help protect the interests of the employer without infringing on the interests of the hired personnel. The document must be drawn up in writing in two copies.

Many employers are interested in the question: is the standard form approved? employment contract in 2019? Or can it still be composed in free form? The answers to these and other questions are in our material.

Is there a standard form of an employment contract?

Today, there is one standard form of employment agreement approved at the government level. It is intended for micro-enterprises and can replace all personnel documentation (Article 309.2 of the Labor Code of the Russian Federation). Standard form employment contract for microenterprises was approved by Government Decree No. 858 dated August 27, 2016. The document came into force in January 2017.

The approval of the standard form made it possible to solve two problems of micro-business:

optimize personnel records management;

introduce common standards for documentation on issues legal regulation relationships between hired workers and the employer.

Let us remind you that microenterprises include organizations and individual entrepreneurs who carry out labor activity no more than 15 employees, and the level of income for the previous year was no more than 120 million rubles.

Drawing up an employment agreement according to a standard form, as an alternative to maintaining personnel documentation

If a micro-enterprise registers labor Relations with employees using this document, it has the right not to adopt other local acts (in terms of labor law), including rules internal regulations, provisions on wages, bonuses, etc. This is very convenient, as it reduces the documentary and administrative burden.

Requirements for an employee for a certain position, rights, responsibilities and other essential conditions must be specified in the text of the contract. In order for the introduction of such personnel document flow to be legal grounds, head of the subject entrepreneurial activity must record the use of the standard form of an employment contract in the relevant order.

Can organizations use a standard form of employment contract intended for small businesses?

The basic requirements for the content of the employment agreement are specified in Art. 57 Labor Code of the Russian Federation. There have been no changes to this article in 2019. Since the standard form of an employment contract for microenterprises contains everything necessary information, approved by current legislation, it can be applied not only by micro-enterprises, but also by medium-sized and big business. If necessary, adjustments can be made to the agreement, although the document was initially developed specifically for small businesses.

Using a standard contract form will help employers avoid possible fines under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for punishment for improper execution of an employment agreement. But heads of organizations must remember that only micro-enterprises are exempt from the obligation to prepare personnel documentation; this does not apply to all others.

Structure of a standard contract form

The standard form of an employment contract provides for various options for labor relations, including, incl. home and remote work. The form consists of the following sections:

Preamble - information about the employer and the employee being hired.

General provisions. The section contains information about the position and place of work, probationary period. Here they state the date when the employee must begin performing the job functions assigned to him, as well as the validity period of the contract.

Rights and responsibilities of an employee. This section should clearly state labor function and indicate what exactly is included job responsibilities. The rights of an employee include timely receipt of wages, compensation for harm caused to him during the performance of work duties, etc.

Rights and obligations of the employer. Here you can indicate that the head of the company has the right to demand that the hired employee perform the work assigned to him, take care of the company’s property, etc. Responsibilities include providing the work specified in this employment agreement, providing the employee with tools and personal protective equipment, etc.

Salary. In this section you should indicate the amount of the monthly wages, which the hired employee will receive, the timing of salary payment, the method (cash or through a bank), payment details where the funds will be transferred.

Work time and rest time. The following is indicated here: duration working week, start and end times of the work shift, duration of annual leave.

Occupational Safety and Health.

Conditions of social insurance.

Other terms of the employment agreement.

Changing the terms of the employment contract.

Responsibility of the parties.

Final provisions.

The final part of the contract displays detailed information about the parties to the agreement. CEO and the employee put their signatures on the document and the date of familiarization with it.

The list of sections given here is not exhaustive. Participants in labor relations have the right to include other sections in the contract at their discretion. If necessary, the standard employment contract may be accompanied by additional agreements, concluded with the employee.

Sample of filling out a standard employment contract

A standard form of an employment contract can be downloaded below.

According to the Decree of the Government of the Russian Federation dated April 4, 2016 No. 265 and Art. 4 Federal Law dated July 24, 2007 No. 209-FZ “On the development of small and medium-sized enterprises in Russian Federation", micro-enterprises are considered organizations and individual entrepreneurs with annual revenue or book value of assets of no more than 120 million rubles. The number of employees working in such companies should be no more than 15 people.

Why do you need a standard form of an employment contract for 2020?

From the beginning of 2017, do not use local regulations containing labor law standards in your work. The conditions that are specified in these documents must be specified by the employer in the standard form of an employment contract with an employee for micro-enterprises (the standard form of an employment contract with an employee is presented in PP No. 858 of 08/27/2016). Information about this is enshrined in Federal Law No. 348-FZ dated July 3, 2016.

The types of employment contracts can be either concluded for an indefinite period or fixed-term (for example, concluded for a period of no more than five years, unless a different period is established by Federal laws). But, as a rule, most often contracts with employees are signed for an indefinite period.

Employers want to know by what rules employment contracts should be drawn up in 2020 (a sample document is presented in the next section). We inform you: the contract, which will indicate all the conditions of the working relationship, must be drawn up on the basis of a special form. This will provide flexibility in regulating relations between employee and employer, taking into account the scope of the organization’s activities. Also, the employment contract for micro-enterprises from 2020 (a sample form can be downloaded at the end of the article) must take into account various features related to the employee’s profession. An employment contract (form) may contain:

• employment contract with an individual(sample) must contain information about the employee’s working conditions;
• work and rest time;
• social insurance conditions;
• the standard form of an employment contract with an employee must also include data on the procedure for making payments and bonuses;
• information regarding the work of remote employees, etc.

A standard employment contract with an employee (a 2020 sample can be downloaded for free in our article) contains the rights and obligations of the employee (for example, free professional education or undergoing confirmation of the employee’s qualifications at the expense of the enterprise). If, when filling out a new employment contract for micro-enterprises, it is not necessary to fill out individual items (for example, due to the nature of the work), then such items can be excluded from the contract (Letter of the Ministry of Labor dated June 30, 2017 No. 14-1/B-591).

Also, a standard employment contract (sample 2020) must contain the responsibilities of the employer.

It is expected that this measure will help increase the level of protection of the rights of employees working in small companies.

Sample of filling out a new employment contract from 2020

We will provide a sample employment contract with an employee (2020).

If you are interested in where you can download a standard employment contract, we will answer: the employment contract (sample 2020) can be downloaded for free on our website.

The Government of Russia, by Resolution No. 858 dated August 27, 2016, approved the standard form of an employment contract concluded between an employee and an employer - a small business entity that is classified as a micro-enterprise.

Concluding employment contracts in a standard form will allow small businesses not to adopt local regulations relating to the organization of labor (for example, internal labor regulations, regulations on remuneration, regulations on bonuses, etc.).

Which small businesses have the right to enter into an employment contract?

Not all small businesses are designated by the Labor Code as employers entitled to enter into fixed-term employment contracts. According to Part 2 of Art. 59 of the Labor Code, by agreement of the parties, a fixed-term employment contract can be concluded with persons entering work for employers - small businesses, the number of employees of which does not exceed 35 people.

Even more stringent requirements are provided for small businesses in the field of retail and consumer services. They can enter into fixed-term employment contracts only if their number does not exceed 20 people.

Who are SMEs?

The criteria for classification as small businesses in 2020 are established by the state. The main requirements, subject to which it is possible to classify a businessman as a small and medium-sized enterprise (SME), relate to the number of employees and the amount of income received.

Thanks to the amendments made to Law No. 209-FZ, large quantity enterprises and individual entrepreneurs can be classified as small businesses.

• The maximum allowable amount of annual revenue excluding VAT for the previous year for micro-enterprises increased from 60 to 120 million rubles, and for small enterprises - from 400 to 800 million rubles.
• The permitted share of participation in the authorized capital of a small enterprise of others has increased commercial organizations who are not small and medium-sized businesses – from 25% to 49%.

But this is acceptable average number employees has not changed: no more than 15 people for micro-enterprises and no more than 100 people for small enterprises.

In a relationship individual entrepreneurs The same criteria for dividing into business categories apply: according to annual revenue and number of employees. If an individual entrepreneur does not have employees, then his SME category is determined only by the amount of revenue. And all entrepreneurs working only on the patent taxation system are classified as micro-enterprises.

The period during which a businessman continues to be considered a SME has been extended, even if he has exceeded the permissible limit on the number of employees or revenue received. Before 2016 it was two years, and now it’s three. For example, if the limit was exceeded in 2017, then the organization will lose the right to be considered small only in 2020.

When is a standard employment contract concluded?

From January 1, 2017, it became possible to conclude employment contracts using a standard form.

For contracts that were concluded before this point, an additional agreement to the employment contract can be concluded, which will set out a new version of the employment contract.

Employers classified as micro-enterprises have the right not to adopt local regulations that contain labor law standards. In such cases, all these norms must be reflected in the employment contract with the employee. And, therefore, a standard employment contract should contain the following rules:

• Information about the employer and employee to the extent necessary to conclude the contract;
• Rights and obligations of the employee and employer;
• Employee compensation (including compensation for the use of own or rented equipment)
• Working time and rest time of the employee (work schedule, duration of vacation and other norms)
• Occupational Safety and Health
• Social insurance and social guarantees employee
• Other working conditions (in particular, it is indicated that the employer-microenterprise, at the request of the employee, does not conduct work book employee)
• Procedure for changing an employment contract
• Responsibility of the parties to the employment contract
• Home or remote work
• details and signatures.

The standard form of an employment contract is intended for all employees without exception.

The employer may supplement the standard employment contract only if this does not harm the employee.

Disadvantages of the standard form of employment contract

The contract form takes about ten printed pages and requires considerable skill to fill it out.

Since the adoption of local acts at micro-enterprises is no longer available, the standard employment contract must include a lot of additional information and make a lot of marks:

• on familiarizing the employee with his labor responsibilities, with a collective agreement (if any), with local regulations(which are still accepted and valid by the employer).
• about consent to the processing of personal data,
• on receiving one copy of the employment contract,
• on completion of introductory and initial briefings on labor protection (dates and signatures),
• on the date and basis for termination of the contract,
• on the date of receipt/issuance of the work book,
• about the date of receipt of other documents (list).

The employer can also exclude from the contract such provisions that do not relate to the regulation of labor relations with a specific employee.

Advantages of a standard employment contract

1. The mandatory conditions provided for by the Labor Code of the Russian Federation are already specified in the contract;
2. The contract provides for all the features of remote work and home work that are subject to agreement; you can select options by highlighting or highlighting the desired condition.
3. You can specify additional grounds for dismissal by agreement of the parties, in addition to those provided for by the Labor Code of the Russian Federation, by agreeing on the notice period for dismissal, guarantees, compensation, and other conditions in employment contracts with:

• remote workers,
• home workers,
• persons working for individual entrepreneurs.

The specific grounds for termination of an employment contract can be very different, for example:

• non-use of cash register equipment,
• failure to comply with sanitary standards (if necessary when performing work),
• obscene language, rudeness in relations with the client,
• cessation of any type of activity,
• absence from work for more than 4 months in a row due to temporary disability, unless otherwise provided by the legislation of the Russian Federation.

Cannot be grounds for dismissal, for example, pregnancy or retirement age.

A standard employment contract for microenterprises is a special document developed by the government for small companies and individual entrepreneurs. It allows you to reduce the burden on SMEs - both documentary and administrative. Let's look at a sample of a standard employment contract with an employee (2019) using examples.

From 01/01/2017, the types of employment contracts were supplemented by a new document - a standard form of an employment contract with an employee for micro-enterprises. It was developed by the Ministry of Labor and approved by Government Decree No. 858 dated August 27, 2016. The document is universal and replaces some personnel documents ( the federal law dated July 3, 2016 No. 348-FZ).

Who has the right to use a standard form of an employment contract with a micro-enterprise employee

Organizations and individual entrepreneurs with hired workers, meeting the following criteria:

1. Staff no more than 15 people.
2. Income for last year was no more than 120 million rubles.

Other employers who do not fall under these criteria can also use a sample of a standard employment contract (2019), but do not have the right to refuse other personnel documentation due to this.

A standard employment contract with an employee (sample 2019) is convenient because it takes into account the requirements of Article 57 of the Labor Code of the Russian Federation for agreements between employers and their employees, and reduces the risk of receiving a fine under Article 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for administrative liability for:

evasion or improper execution of an employment contract, or the conclusion of a civil contract that actually regulates the labor relationship between the employee and the employer.

• for an official - 10,000–20,000 rubles;
• for an organization - 50,000–100,000 rubles;
• for individual entrepreneurs - 5,000–10,000 rubles.

To start using the standard form, it is enough to issue an appropriate order for the organization.

The form is not suitable for conclusions with foreign citizens.

What personnel documents can you refuse?

All micro-enterprises that transfer workers to a standard uniform may not have to issue the following personnel documents:

• orders on hiring and dismissal;
• wage regulations;
• bonus regulations;
• inner order rules.

Reason: a sample standard employment contract with an employee (2019), developed for micro-enterprises, already includes all the necessary rules and conditions for the employee’s activities.

What must be included in an open-ended employment contract

The list of mandatory details in employment agreements is listed in Article 57 of the Labor Code of the Russian Federation. Standard contract for microenterprises is no exception, therefore it states:

• employer details and full name employee;
• employer's TIN and employee's passport details;
• place and date of conclusion;
• employee's place of work;
• the nature of the work to be performed (job title (profession) and job responsibilities);
• deadline for starting work;
• the amount of the salary and the terms of its payment (indicating specific dates, place and method of payment);
• work and rest schedule;
• information about social insurance;
• information about working conditions based on the results of a special assessment;
• additional conditions, if necessary (if working conditions are recognized as harmful or dangerous, appropriate compensation is prescribed; if the nature of the work is specific, this fact is indicated).

There are conditions that an employment contract (completed sample) should not contain. The agreement may not:

• combine main work and part-time work (part-time work itself is not prohibited, but it must be documented in a separate document);
• establish a labor regime that violates the provisions of the Labor Code of the Russian Federation;
• include a condition on payment of wages below the minimum wage;
• set salary payments only once a month.

How to fill out a standard contract

A typical employment contract (form) includes several different work situations. This is a constructor that each employer collects for himself, and the document contains only the information that is necessary for cooperation with a specific employee. The standard form contains correct wording that complies with the norms of the Labor Code of the Russian Federation for all situations, including cooperation with remote and home-based workers, so there is no need to add anything to it.

Employers can simply download a free sample employment contract (2019) at the end of this article. But it is necessary to learn how to fill it out correctly, because working conditions may differ, and you will have to fill out the document differently.

The standard form developed by officials is quite large. It contains 38 points, combined into 11 chapters. But not everything needs to be filled out. We will show you which points to omit using the example of step-by-step filling out an employment contract with an employee hired for the position of sales department manager.

Step 1. The “General Provisions” section must be completed by all employers. It is intended to indicate information about the organization and the employee, so we enter in the form the full name of the employer and his address, as well as the last name, first name, patronymic and position of the future employee. If an employment test is provided for an employee, its duration must be indicated. In the same section you need to write:

• nature of work - main or part-time;
• validity period (if urgent);
• information about when the employee starts work;
• where his workplace will be located.

The employment contract must contain information about the traveling nature of the work. If there are no special features, you can write that “the employee does not have a special nature of work.”

Step 2. In the “Employee Rights and Responsibilities” section, you need to describe all the responsibilities of the new specialist and his rights in accordance with the Labor Code of the Russian Federation and the collective agreement. If desired, the employer can add agreements with a specific employee to the standard text.

Step 3. The section “Rights and Responsibilities of the Employer” informs about the functions of the employer. Here you can add your own conditions to the standard ones.

Step 4. In the “Employee remuneration” section, you need to be careful if the organization has waived the provision on remuneration. It describes in detail the composition of wages. The standard form contains several types of payments; the employer only has to select the ones he needs and indicate the amount:

• official salary;
• compensation payments (for work in harmful conditions, use of personal transport, etc.);
• incentive payments (bonuses and incentives);
• other payments.

The section indicates the frequency of payments and specific dates, conditions and method of payment - on bank card, invoice or cash.

Step 5. In the section “Working time and rest time of the employee” they write about the length of the working day, rest time, weekends and vacations.

Step 6. The “Labor Safety” section is dedicated to the employee’s working conditions. If necessary, we indicate the mandatory requirement and frequency of a medical examination. If the employee is required to wear personal protective equipment, enter which ones.

Step 7. The section “Social insurance and other guarantees” is not needed by everyone. It is filled out if the employer is obliged to pay for the employee’s training, voluntary health insurance policy, or trips to a sanatorium.

Step 8. Completing the section “Other terms of the employment contract” may be required when employing homeworkers, remote workers or when concluding an agreement with an individual entrepreneur.

Step 9. The section “Changing the terms of the employment contract” contains general information that the terms of the contract can only be changed by agreement of the parties.

Step 10. In the section “Responsibility of the parties to the employment contract” the standard conditions remain.

Step 11. Section 11 “Final Provisions” is intended to indicate the details of the parties, as well as the signature of the employee under all the rules and regulations with which he is familiar. The employer is obliged to familiarize him with:

• with a collective agreement (if there is one);
• job responsibilities;
• various instructions of the organization.

The employee must receive a second copy of the agreement, signed by the head of the employing company.

Remember: unified labor contract allows you to optimize your work, but does not relieve you from the need to monitor changes in legislation and, if necessary, make the necessary adjustments to the document.

A standard form of employment contract has been approved for micro-enterprises and individual entrepreneurs. If you conclude such an agreement with an employee, then the internal regulations, provisions on remuneration and others local acts no longer needed. Download the form of a standard employment contract for micro-enterprises 2019 and a sample.

Standard form of employment contract for microenterprises 2019: who has the right to apply

According to Article 309.2 of the Labor Code of the Russian Federation, employers - small businesses - microenterprises have the right to fully or partially refuse to adopt local regulations containing labor law norms (internal labor regulations, regulations on remuneration, regulations on bonuses and others). When refusing acts, microenterprises are required to include in employment contracts the conditions that, in accordance with the Labor Code of the Russian Federation, are prescribed in the acts.

The standard form of an employment contract for micro-enterprises was approved by Decree of the Government of the Russian Federation dated August 27, 2016 No. 858. Let us recall which enterprises belong to micro-enterprises and have the right to use the standard form of the contract.

Microenterprise is a small business enterprise (IP, peasant farms, LLC) that meet certain criteria (see table).

Microenterprise criteria

Employment contract for micro-enterprises from 2019: sample filling

The standard form of an employment contract for microenterprises for 2019 was approved by Decree of the Government of the Russian Federation dated August 27, 2016 No. 858. It includes model provisions, rights and obligations of the employee and the employer, terms of remuneration of the employee, working time and rest, labor protection, social insurance, etc.

The 17-page standard employment contract form for microenterprises includes 11 sections:

1. General provisions;
2. Rights and obligations of the employee;
3. Rights and obligations of the employer;
4. Employee remuneration;
5. Working time and rest time of the employee;
6. Occupational Safety and Health;
7. Social insurance and other guarantees;
8. Other terms of the employment contract;
9. Changing the terms of the employment contract;
10. Responsibility of the Parties to the employment contract;
11. Final provisions.

It is possible to exclude items from a standard employment contract that are not required to be completed due to the nature of the work, as well as items specified in the notes to the standard contract. The Ministry of Labor reported this in a letter dated June 30, 2017 No. 14-1/B-591.

UNP summarized judicial practice in disputes when employees accuse employers of arbitrarily changing clauses of the employment contract. The arguments are in the review.

Let us remind you that when concluding employment contracts it is necessary to take into account changes in labor legislation, which came into force on January 1, 2019.

How can a micro-enterprise switch to a standard employment contract starting in 2019?

If a company decides to switch to standard contracts, the algorithm is as follows.

Step 1. Determine which local acts are no longer needed . Make a list of acts that are no longer required (see list below). Labor Code names some of the acts that can be canceled: internal labor regulations, provisions on wages and bonuses, shift schedule (Article 309.2 of the Labor Code of the Russian Federation).

You can also cancel your vacation schedule. But from the standard form it follows that instead of a schedule, a written agreement must be drawn up with employees, in which vacation days are determined. The labor inspectors we interviewed advise drawing up such agreements annually, at the same time as the vacation schedule. That is, no later than two weeks before the new year.

What local acts can be canceled

• Labor internal regulations.
• Labor protection rules and instructions.
• Regulations on remuneration and bonuses.
• Regulations on irregular working hours.
• Regulations on business trips.
• Job descriptions.
• Shift schedules.
• Vacation schedule (instead of a schedule, enter into written agreements)

It is important to know:

If a company or individual entrepreneur has lost the status of micro-organizations and at the same time they already have an order to refuse local documents, they will have to re-enter these documents. You need to do it within four months from the date of removal from the register of small and medium-sized businesses. The register can be found on the Federal Tax Service website.

Step 2. Issue an order to cancel local acts . You can refuse part or all of the acts. In order not to get confused about which provisions you canceled and from what date, draw up an order in free form and sign it with your manager (see sample).

In the order, instruct the employee who is responsible for personnel records to sign agreements to employment contracts with employees.

Step 3. Change existing employment contracts . Due to the transition to standard templates, the employment relationship is not interrupted, so the company does not have the right to terminate the old contract and enter into a new one.

Conclude additional agreements with all employees to existing employment contracts to include all the conditions from the standard form. To do this, you can write in the agreement: “Employment contract No. 1 dated 02/10/17 is stated in new edition from 02/01/19", and then rewrite all the clauses from the standard contract and fill in the missing information - salary, schedule, place of work and other required information.

Pros and cons of a standard employment contract for microenterprises

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