home Analyzes We formalize labor relations: contract or agreement? An employment contract with an employee - the subtleties of drafting. Sample employment contract with an employee and form

We formalize labor relations: contract or agreement? An employment contract with an employee - the subtleties of drafting. Sample employment contract with an employee and form

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If the Company intends to hire a new employee, according to the law, it is obliged to conclude an employment contract with him. This type of agreement implies a clear description of all aspects of cooperation between both parties.

Basic provisions of the employment contract

First of all, the contract must indicate what position the employee is being hired for and what duties he is being hired to perform. Next, the Company specifies the period for which the contract is concluded with the Employee.

The next section of the agreement describes the position that the Employee occupies in the workforce of the Enterprise.

Main responsibilities of the parties

The enterprise must clearly state the list of the main responsibilities of the Employee. Also, at its discretion, the Company may include in this section of the contract certain results that it intends to obtain from the employee during the period of his work. The following describes the basic requirements for the Employee and his job responsibilities.

In turn, the enterprise undertakes to provide the employee with decent working conditions, providing him with a workplace, providing him with special clothing and timely and full payment.

The procedure for remuneration, the amount of payments and the amount of possible incentives are prescribed by the Enterprise in section 5 of this agreement.

Work schedule and social guarantees

The Company undertakes to create a specific work schedule for the Employee, taking into account time for rest and annual main leave. The Company also provides the employee with the opportunity of social security and insurance for the entire period of work. The Employer may also indicate the possibility of providing the Employee with special benefits and services:

payment of benefits;
provision of spa treatment on an annual basis;
provision of a service apartment.

The employee can also count on compensation in the event of premature termination of the contract by the Enterprise.

Form of employment contract with employee

Sample employment contract with an employee (completed form)

Download Employment contract with employee

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LABOR CONTRACT with employee No.

in a person acting on the basis, hereinafter referred to as " Company", on the one hand, and the citizen, passport (series, number, issued), living at the address, hereinafter referred to as " Worker", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. is hired by the company as a ; for a position to perform job duties;

2. CONTRACT TERM

2.1. The contract is concluded between the Enterprise and the Employee for a period of one year and is valid from “” year to “” year; For undefined period; for the duration of the work stipulated by this Contract (delete what is unnecessary).

3. GENERAL CONDITIONS OF THE CONTRACT

3.1. By concluding this contract, the Employee takes into account that the Company is a...

3.2. When performing his direct labor duties in accordance with this Contract, the Employee will proceed from the Charter (Regulations) of the Enterprise.

3.3. The employee reports directly to the manager, as well as to the Director of the Enterprise.

3.4. The employee is a full member of the Enterprise’s workforce and participates with a casting vote in the activities of its general meeting (conference).

3.5. An employee has the right to express a personal opinion on any issue of the Company’s activities.

3.6. The employee has the right, if necessary, to familiarize himself with the internal labor regulations of the Enterprise, the collective agreement and labor legislation.

3.7. The employee is guaranteed the unimpeded exercise of the right to form a trade union. Discrimination against an Employee in terms of time and rest periods, wages and other essential working conditions due to his participation in a trade union is not permitted.

4. OBLIGATIONS OF THE PARTIES

4.1. The employee undertakes:

perform the following work in accordance with your profession, specialty, qualification (position): ;
during the contract period, achieve the following results;
conscientiously, timely, at a high professional level and accurately perform their job duties, comply with the internal labor regulations of the Company, use all working time for productive work, refrain from actions that interfere with other employees from performing their job duties;
take care of the safety of equipment, raw materials, finished products and other property of the Enterprise, as well as the property of other employees;
timely and accurately execute the orders of the Director of the Enterprise and immediate supervisor;
by order of the Director of the enterprise, go on business trips;
not to disclose scientific, technical and other commercial and confidential information obtained during work without the consent of the immediate supervisor;
immediately notify the administration of the Enterprise about violations of production technology, failure to comply with labor standards, cases of theft and damage to the property of the Enterprise.

4.2. The enterprise undertakes:

provide the Employee with work in accordance with the terms of this Contract;
provide the Employee with the working conditions necessary for him to fulfill his duties under this Contract, including providing the employee with the necessary technical and material means in good condition;
equip the Employee’s workplace with the following equipment;
provide the Employee with the following special clothing, special shoes and other personal protective equipment and organize proper care of these equipment;
comply with labor legislation and labor protection rules;
ensure conditions of remuneration, norms of working time and rest time in accordance with this Contract and current legislation;
ensure that the Employee improves his qualifications and grows his professional skills at his own expense during the days of the year;
ensure the safety of personal property, tools, and vehicles of the employee on the territory of the enterprise;
provide a car for business trips or pay compensation when using a personal car for business purposes in the following order;
in the event of the death of the Employee or the onset of disability during the performance of work duties, continue to pay until the expiration of the contract to his family or to him an amount in the amount of the average earnings received by the Employee during work under the Contract;
ensure that the introduction of new technology and equipment does not worsen working conditions; take the necessary measures to protect the health and safety of the Employee when working with new equipment and in new conditions.

All costs under this sub-clause are borne by the Enterprise.

5. REMUNERATION

5.1. For conscientious performance of labor duties during the monthly working hours, the Employee is guaranteed payment of an official salary (tariff rate) in the amount of rubles per month. The official salary (tariff) increases depending on the cost of living index determined by law.

5.2. An employee has the right to receive various allowances, additional payments, bonuses, and other remunerations based on the results of his activities in accordance with the remuneration system in force at the Enterprise.

5.3. The employee is established the following remuneration based on the results of work for the month (quarter) according to the following indicators and in the amount: .

5.4. The employee is paid a remuneration based on the results of work for the year in the amount of rubles.

6. WORKING TIME AND REST TIME

6.1. The employee is given a normalized (non-standardized) working day.

6.2. The monthly working hours are . Normal working hours should not exceed 8 (4) hours per day. A break for rest and food is not included in working hours. Overtime beyond the normal working day is paid at double the rate for each hour.

6.3. The start and end times of the working day, as well as breaks for rest and food, are determined by the Internal Labor Regulations of the Enterprise and orders of managers.

6.4. The normal working week should generally not exceed 41 (20.5) hours per week. Overtime beyond the normal working week is paid at double the rate for each hour. Days off are provided to the Employee in accordance with the internal labor regulations of the Enterprise.

6.5. It is allowed, as necessary, to overwork in excess of the normal working hours, but the duration of working hours during the accounting period (month) should not exceed the normal number of working hours (hours).

6.6. Night time is considered to be from 10 pm to 6 am. Night work is paid at time and a half.

7. VACATION

7.1. The employee has the right to annual basic leave of calendar days. Depending on his performance, he may be granted additional leave. Financial assistance in the amount of rubles is paid for annual leave.

8. SOCIAL INSURANCE AND SOCIAL SECURITY

8.1. During the period of validity of the Contract, the Employee is subject to social insurance and social security in accordance with the current legislation on labor and social security.

8.2. In case of permanent loss of ability to work (disability) as a result of an accident at work, the employee is paid, in addition to the one established by law, a lump sum benefit in the amount of salary.

8.3. In case of disability due to illness or as a result of an accident not related to production, the Employee is paid a one-time benefit in the amount of salary.

8.4. In the event of the death of an Employee during the validity period of the contract, his family is paid in addition to the salary allowance established by law.

8.5. In case of temporary loss of ability to work, the employee is paid the cost of medications and paid services from medical institutions in the amount of .

9. SOCIAL AND HOUSEHOLD SERVICES

9.1. Social services for the Employee are provided by the management of the Enterprise in accordance with the decision of the general meeting of the workforce and at the expense of funds allocated for these purposes.

9.2. The employee is provided with the following services and benefits for social services, not established by current legislation:

payment of a one-time benefit for annual leave in the amount of;
annual provision to the Employee and his family members of a voucher to a sanatorium or rest home with the employee paying a percentage of the cost of the voucher;
provision of an apartment to the Employee on the terms .

10. CHANGE, CONTINUATION AND TERMINATION OF THE CONTRACT

10.1. Changing the terms of the contract, its extension and termination is possible by agreement of the parties at any time.

10.2. Upon expiration of the Contract, it is terminated. This rule does not apply to cases where the employment relationship actually continues and neither party has requested its termination. In this case, the Contract is extended for the same period and with the same conditions.

10.3. The Contract is subject to early termination at the Employee’s initiative in the following cases:

his illness or disability preventing him from performing work under the Contract;
violations by the management of the Enterprise of labor legislation or this Contract;
other valid reasons;

10.4. The contract before its expiration may be terminated at the initiative of the Enterprise on the following grounds:

changes in the organization of production and labor (liquidation of the Enterprise, reduction in the number or staff of employees, changes in working conditions, etc.);
discovered inconsistency of the Employee with the work performed in the absence of guilty actions on his part;
guilty actions of the Employee (systematic failure to fulfill work duties without good reason, absenteeism, appearing at work while intoxicated and other violations of labor discipline, disclosure of trade secrets, violation of clause 12.3 of this Contract, theft, etc.).

10.5. Dismissal at the initiative of the Enterprise is carried out on the basis of the corresponding conclusion of the head of the structural unit of the Enterprise, in compliance with the requirements of labor legislation.

11. COMPENSATION UPON TERMINATION OF THE CONTRACT

11.1. Upon termination of the Contract on the grounds provided for in clause 10.3 and clause 10.4, the Employee is paid severance pay in the amount of average monthly earnings. Upon termination of the Contract on the grounds provided for in clause 10.4, the Employee also retains his average monthly earnings for the period of job search during the second and third months from the date of dismissal, if he has registered with the employment service as a job seeker within 10 calendar days after dismissal .

11.2. Subject to termination of the contract (for good reasons), along with the payments provided for by current legislation and this Contract, the Employee is also paid a one-time benefit in the amount of rubles.

12. SPECIAL CONDITIONS

12.1. The enterprise serves as the main place of work for the Employee; The employee is hired to work for the Enterprise on a part-time basis (cross out what is not necessary).

12.2. Labor functions not arising from this Contract may be performed by the Employee within the Enterprise only with the consent of the head of the structural unit and the director of the Enterprise.

12.3. The employee does not have the right to perform work related to this Contract under contracts with other enterprises and organizations, as well as engage in any other type of activity in other enterprises and organizations if this may cause economic or other damage to the Enterprise. Failure to comply with this clause is sufficient grounds for dismissal of the Employee.

12.4. The Enterprise pays the Employee a one-time benefit in the amount of rubles within days after the conclusion of the Contract. The benefit is not a form of remuneration.

12.5. The Company pays the Employee monthly rubles.

12.6. All materials created with the participation of the Employee and on the instructions of the Enterprise are the property of the Enterprise.

12.7. The Parties undertake not to disclose the terms of this Contact without mutual consent.

12.8. The terms of this Contract may be changed only by agreement of the parties.

12.9. The parties are responsible for fulfilling their obligations under this Contract in accordance with current legislation.

12.10. Disputes arising between the parties to the Contract are resolved in accordance with the procedure established by current legislation.

12.11. In all other respects not provided for in this Contract, the parties are guided by the norms of the Labor Code of the Russian Federation and the Charter (Regulations) of the Enterprise.

13. OTHER TERMS

13.1. This Contract is drawn up in two copies: one for each of the parties and is considered valid only if there are signatures of both parties: the Employee and the Enterprise, certified by the seal of the latter.

14. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

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What it is

Such a concept as an “employment contract” came to us from abroad. For example, American employers use it as the main document for employment. The peculiarity of the contract is that its validity period ranges from one to five years.

Then the agreement can be terminated or extended. Moreover, in both cases, notice from the employer is required two weeks in advance.

The concluded contract is considered valid throughout the period specified in it. If the employer decides to unexpectedly and without reason terminate the contract, then his obligation becomes to pay compensation to the employee.

place of work;
working conditions;
profession, position and specialization of the employee;
rights of the parties involved;
methods of remuneration;
availability of additional payments, allowances, compensations;
date of conclusion and period of validity.

The employment contract may include conditions under which the agreement can be terminated early unilaterally. This could be an employee’s violation of certain points, the occurrence of an event, early completion of work, etc.

How to apply and its sample

The execution of a contract follows the same procedure as the execution of an employment contract. That is, the following points must be indicated:

details of the parties - full name employee and his passport details, name of the employing organization or full name. employer and details;
place of work and functional responsibilities;
working hours and payment procedures;
liability of the parties;
signatures of participants.

The main difference is the conditions specified in the contract:

the amount of compensation for non-compliance with the terms of the contract;
the extent of the employee’s financial liability for possible damage;
methods of stimulating employees to increase labor productivity, for example, increasing the hourly wage rate when the norm is exceeded;
additional benefits, for example, provision of a budget place in a preschool institution;
additional responsibilities, for example, the need to periodically go on business trips.

An important point is the inclusion in the employment contract of conditions under which the employer has the right to terminate the agreement unilaterally, without taking into account the consent/disagreement of the employee.

This way the employer is insured against indiscipline or incompetence of the employee. Such conditions may include such things as a low grade based on certification results, failure to fulfill requirements to the required extent, etc.

At the same time, the amount of compensation that the party terminating the contract early is required to pay.

In some cases, the contract may provide for the payment of a penalty by the employee if he terminates the agreement early without good reason and the employer incurs losses.

Special attention should be paid to concluding a contract with employees holding managerial positions, for example with a director.

Thus, an employment contract with the general director of an LLC is concluded on the basis of a decision of the general meeting of owners, enshrined in the minutes. As a rule, the appointment of a general director occurs simultaneously with the beginning of the state registration process.

Since the tax authority involved in registration works directly with the authorized representative of the organization, the employment contract of the general director is provided along with a package of documentation for registration.

The contract with the general director is signed by a responsible person from the owners, authorized on behalf of the general meeting to sign such documents. If there is only one owner of the organization, then he signs the contract.

How is it different from an employment contract?

If we talk about the purpose of the employment agreement and contract, then both of these documents confirm the existence of labor relations and regulate them. But there are some significant differences.

A significant difference is that the employment contract can be terminated by either party; it is enough to notify the opponent of the termination of the legal relationship two weeks in advance.

Only an employer can terminate a contract early if there has been a violation of conditions, failure to fulfill obligations or a gross mistake on the part of the employee.

If we talk about guarantees for the employee, the contract assumes that already at the time of conclusion it is known about the time of its end.

That is, the employee’s employment is clearly limited in time. When concluding an open-ended contract, legal relations can last as long as the parties themselves wish.

At the same time, the contract can be modified into an agreement with an indefinite period if the parties to the agreements themselves wish to extend the relationship. An open-ended employment contract, under no circumstances, can turn into a contract.

If we talk about working conditions, the employment contract describes them only in general terms. A more detailed description can be included in the application in the form of a job description.

In the contract, all the employee’s actions can be specified in detail. The employee is not obliged to fulfill anything that is not contained in the contract.

If we talk about the reliability of a particular document regarding the registration of labor relations, then opinions here differ significantly. Some people believe that an employment contract gives the employee more guarantees, but these can also be specified in the contract.

According to some, the conclusion of a contract guarantees the continuation of legal relations until the expiration of the established period, while the employment contract can be terminated at any time at the request of the employer.

But the contract can also be terminated early under certain conditions. So, most likely, the advantage of a particular document should be assessed from the perspective of a specific situation.

Be that as it may, in Russian legislation there is still no clear definition of the term “contract”. There is only the concept of a fixed-term employment contract, which can be concluded only under certain circumstances, clearly stated in.

What are the types

According to the labor legislation of the Russian Federation, it is possible to conclude a fixed-term employment contract, or the so-called contract, if it is not possible to conclude a contract for an indefinite time due to:

the nature of the work to be done;
conditions for carrying out activities;
employee interests;
cases provided by law. Thus, at present, fixed-term contracts are concluded with the heads of organizations and some other employees.

As for the types of fixed-term contracts, there may be several options for its execution.:

conclusion of a contract for a certain period, but not more than five years and not less than one year;
drawing up a contract for the period of specific work;
signing a fixed-term contract for the period of absence of a permanent employee, that is, to replace him for a clearly established period;
concluding a contract to perform seasonal work.

There are contracts with special working conditions. In addition to the mandatory conditions, such a document contains data on the nature and characteristics of the work.

So special conditions may be:

work schedule, frequency of shifts, their number and duration;
availability of night shifts and method of payment for them;
the presence of dangerous and harmful factors during work activities;
information about the issuance of protective, cleaning or other means to the employee.

Fixed-term contracts may differ depending on the type of employer. Such a document can seal labor relationships with both a legal entity and an individual.

Thus, a natural person has the right to enter into a fixed-term contract as an employer:

individual entrepreneurs;
lawyers and private notaries;
persons whose activities are subject to licensing or mandatory registration;
individuals who employ people for personal assistance.

In general, a contract with an individual is concluded on the same principle as with a legal entity. The differences are the following:

both parties are individuals;
the employer is obliged to register the contract with local authorities;
the document must contain a detailed description of the employee’s labor functions;
having a work book is not mandatory;
the notice period for termination of the contract is included in the text as agreed by the parties.

Urgent

An employment contract is a type of employment contract that is concluded for a certain time. And it has some characteristic features.

In particular:

the contract is concluded exclusively in writing, while an employment contract can be considered concluded before signing, subject to the registration of the employee and the start of his work activity;
Some “classic” contract nuances are simply absent from the employment contract. These include a detailed description of job responsibilities, the exact amount of salary, a fixed amount of additional payments;
the contract contains an exact indication of the validity period and expiration date, which is not required for an open-ended employment contract;
the contract may provide for the employee's liability for violating the terms of the contract, which is more stringent than for violating the terms of an open-ended employment contract.

An important feature is that whatever the terms of the contract, they cannot reduce the social security of the employee in comparison with the standards defined by labor legislation. If such a fact occurs, then certain terms of the contract may be declared invalid.

How to appeal an unjustified termination by an employer

The contract clearly states the validity period from one to five years. After this period, the agreement may be terminated or the employee will be asked to extend the contract and change it to an open-ended contract.

When terminating a contract after the expiration of the term, the employer is not obliged to justify the refusal to extend the relationship, and the employee is also not obliged to explain his reasons. The main requirement is mutual notification two weeks before the end of the contract.

The situation is different in the event of early termination of the contract by the employer. In general, the contract must be worked out to the end and in case of early termination, the employing company is obliged to pay the employee the entire amount of wages specified in the contract. The exception is termination of the contract due to violation of the terms of the document.

If the employee does not agree with the employer’s motivation for early termination of the contract, he can appeal this decision by appealing to the courts.

The court will consider all the circumstances of the situation and if the employer’s actions are found to be unlawful, then he may be required to pay the employee’s salary for the entire period of the contract.

Since 2002, the Labor Code of the Russian Federation has lost the concept of “contract”; it has been replaced by a fixed-term employment contract.

with an employee in a person acting on the basis, hereinafter referred to as " Company", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. is hired by the company as a ; for a position to perform job duties;

2. CONTRACT TERM

2.1. The contract is concluded between the Enterprise and the Employee for a period of one year and is valid from “”2019 to “”2019; For undefined period; for the duration of the work stipulated by this Contract (delete what is unnecessary).

3. GENERAL CONDITIONS OF THE CONTRACT

3.1. By concluding this contract, the Employee takes into account that the Company is a...

3.2. When performing his direct labor duties in accordance with this Contract, the Employee will proceed from the Charter (Regulations) of the Enterprise.

3.3. The employee reports directly to the manager, as well as to the Director of the Enterprise.

3.4. The employee is a full member of the Enterprise’s workforce and participates with a casting vote in the activities of its general meeting (conference).

3.5. An employee has the right to express a personal opinion on any issue of the Company’s activities.

3.6. The employee has the right, if necessary, to familiarize himself with the internal labor regulations of the Enterprise, the collective agreement and labor legislation.

4. OBLIGATIONS OF THE PARTIES

4.1. The employee undertakes:

perform the following work in accordance with your profession, specialty, qualification (position): ;
during the contract period, achieve the following results;
conscientiously, timely, at a high professional level and accurately perform their job duties, comply with the internal labor regulations of the Company, use all working time for productive work, refrain from actions that interfere with other employees from performing their job duties;
take care of the safety of equipment, raw materials, finished products and other property of the Enterprise, as well as the property of other employees;
timely and accurately execute the orders of the Director of the Enterprise and immediate supervisor;
by order of the Director of the enterprise, go on business trips;
not to disclose scientific, technical and other commercial and confidential information obtained during work without the consent of the immediate supervisor;
immediately notify the administration of the Enterprise about violations of production technology, failure to comply with labor standards, cases of theft and damage to the property of the Enterprise.

4.2. The enterprise undertakes:

provide the Employee with work in accordance with the terms of this Contract;
provide the Employee with the working conditions necessary for him to fulfill his duties under this Contract, including providing the employee with the necessary technical and material means in good condition;
equip the Employee’s workplace with the following equipment;
provide the Employee with the following special clothing, special shoes and other personal protective equipment and organize proper care of these equipment;
comply with labor legislation and labor protection rules;
ensure conditions of remuneration, norms of working time and rest time in accordance with this Contract and current legislation;
ensure that the Employee improves his qualifications and grows his professional skills at his own expense during the year;
ensure the safety of personal property, tools, and vehicles of the employee on the territory of the enterprise;
provide a car for business trips or pay compensation when using a personal car for business purposes in the following order;
in the event of the death of the Employee or the onset of disability during the performance of work duties, continue to pay until the expiration of the contract to his family or to him an amount in the amount of the average earnings received by the Employee during work under the Contract;
ensure that the introduction of new technology and equipment does not worsen working conditions; take the necessary measures to protect the health and safety of the Employee when working with new equipment and in new conditions.

All costs under this sub-clause are borne by the Enterprise.

5. REMUNERATION

5.3. The employee is established the following remuneration based on the results of work for the month (quarter) according to the following indicators and in the amount: .

5.4. The employee is paid a remuneration based on the results of work for the year in the amount of rubles.

6. WORKING TIME AND REST TIME

6.1. The employee is given a normalized (non-standardized) working day.

6.3. The start and end times of the working day, as well as breaks for rest and food, are determined by the Internal Labor Regulations of the Enterprise and orders of managers.

6.6. Night time is considered to be from 10 pm to 6 am. Night work is paid at time and a half.

7. VACATION

8. SOCIAL INSURANCE AND SOCIAL SECURITY

8.1. During the period of validity of the Contract, the Employee is subject to social insurance and social security in accordance with the current legislation on labor and social security.

8.3. In case of disability due to illness or as a result of an accident not related to production, the Employee is paid a one-time benefit in the amount of salary.

8.4. In the event of the death of an Employee during the validity period of the contract, his family is paid in addition to the salary allowance established by law.

8.5. In case of temporary loss of ability to work, the employee is paid the cost of medications and paid services from medical institutions in the amount of .

9. SOCIAL AND HOUSEHOLD SERVICES

9.2. The employee is provided with the following services and benefits for social services, not established by current legislation:

payment of a one-time benefit for annual leave in the amount of;
annual provision to the Employee and his family members of a voucher to a sanatorium or rest home with the employee paying a percentage of the cost of the voucher;
provision of an apartment to the Employee on the terms .

10. CHANGE, CONTINUATION AND TERMINATION OF THE CONTRACT

10.1. Changing the terms of the contract, its extension and termination is possible by agreement of the parties at any time.

10.3. The Contract is subject to early termination at the Employee’s initiative in the following cases:

his illness or disability preventing him from performing work under the Contract;
violations by the management of the Enterprise of labor legislation or this Contract;
other valid reasons;

10.4. The contract before its expiration may be terminated at the initiative of the Enterprise on the following grounds:

changes in the organization of production and labor (liquidation of the Enterprise, reduction in the number or staff of employees, changes in working conditions, etc.);
discovered inconsistency of the Employee with the work performed in the absence of guilty actions on his part;
guilty actions of the Employee (systematic failure to fulfill work duties without good reason, absenteeism, appearing at work while intoxicated and other violations of labor discipline, disclosure of trade secrets, violation of clause 12.3 of this Contract, theft, etc.).

11. COMPENSATION UPON TERMINATION OF THE CONTRACT

12. SPECIAL CONDITIONS

12.1. The enterprise serves as the main place of work for the Employee; The employee is hired to work for the Enterprise on a part-time basis (cross out what is not necessary).

12.4. The Enterprise pays the Employee a one-time benefit in the amount of rubles within days after the conclusion of the Contract. The benefit is not a form of remuneration.

12.5. The Company pays the Employee monthly rubles.

12.6. All materials created with the participation of the Employee and on the instructions of the Enterprise are the property of the Enterprise.

12.7. The Parties undertake not to disclose the terms of this Contact without mutual consent.

12.8. The terms of this Contract may be changed only by agreement of the parties.

12.9. The parties are responsible for fulfilling their obligations under this Contract in accordance with current legislation.

12.10. Disputes arising between the parties to the Contract are resolved in accordance with the procedure established by current legislation.

12.11. In all other respects not provided for in this Contract, the parties are guided by the norms of the Labor Code of the Russian Federation and the Charter (Regulations) of the Enterprise.

13. OTHER TERMS

14. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

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

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

15. SIGNATURES OF THE PARTIES

Company _________________

Worker _________________

Employment contract with the employee is an agreement between an employer (company or individual entrepreneur) and an employee (individual), according to which the employee undertakes to perform certain work, and the employer is obliged to provide the employee with work, pay wages on time and create working conditions that comply with the law.

An employment contract with an employee can only be terminated by mutual consent of the employer and employee, or if one of the parties fails to fulfill its obligations. Termination of an employment contract cannot be carried out if the employee is on vacation, sick leave, etc.

The employment contract is drawn up in two copies - one for each party to the employment agreement.

According to the latest changes in Russian legislation, a sample employment contract must include the following details:

Employee's name
employer details
job title and responsibilities of the employee
employer's responsibilities
working conditions
date and place of drawing up the agreement, signatures of the parties

Standard employment contract - sample

EMPLOYMENT AGREEMENT No. ______

"Romashka" LLC, hereinafter referred to as the "Employer", represented by Director Pyotr Evgenievich Sergeev, acting on the basis of the Charter, on the one hand, and Klara Gennadievna Ivanova, hereinafter referred to as the "Employee", on the other hand, have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. In accordance with the terms of this agreement, the Employee undertakes to perform work as a manager in compliance with the current legislation of the Russian Federation, internal documents of the Company, including internal labor regulations (mode, volume and work schedule), and the Employer undertakes to pay the Employee wages and ensure working conditions, provided for by labor legislation and this agreement.

1.2. The contract regulates labor and other relations between the Employee and the Employer. The contracting parties acknowledge that their rights and obligations are regulated by this Agreement and the norms of the current legislation of the Russian Federation.

1.3. Work under this agreement is the main place of work for the Employee.

1.4. Start date: 04/15/2016

1.5. The Employee reports directly to the director, whose instructions within the job description are mandatory for the Employee.

2. GENERAL PROVISIONS

2.1. Based on this agreement, the Employee is appointed to a position and begins his duties from the moment the relevant order is signed.

2.2. The Employee is assigned the responsibilities specified in the job description.

2.3. When carrying out legal relations within the framework of this agreement, the parties are guided by the principles:

Conscientious performance by the Employee of his official duties as a subject of civil law relations;

Assistance to the Employee from the higher management bodies of the Employer in the exercise of his official rights and obligations, ensuring proper working conditions and compliance by the Employer with the terms of this agreement and the provisions of the current legislation of the Russian Federation;

The Employee is a staff member of the Employer and exercises his rights and obligations, guided by current legislation and this agreement.

2.4. When exercising his official rights and fulfilling his duties, the Employee must act in the interests of the Employer proactively, wisely and honestly, avoid violations of the law, financial and labor discipline, and strive to improve work efficiency within his competence.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

1.1. The employee is obliged:

1.1.1. conscientiously perform their job duties in accordance with the job description;

1.1.2. comply with internal labor regulations;

1.1.3. strive to improve the results of financial and economic activities, maintaining them at the level necessary for the development of the organization and the social sphere;

1.1.4. ensure the proper condition and reliability of the Employer’s internal documents, drawn up by him in the process of work in accordance with the established procedures and standards;

1.1.5. ensure compliance of the Employer’s current activities with the requirements of the current legislation of the Russian Federation;

1.1.6. observe labor discipline;

1.1.7. comply with labor protection and occupational safety requirements;

1.1.8. treat the property of the Employer and other employees with care;

1.1.9. ensure compliance with established labor standards;

1.1.10. ensure implementation of management decisions;

1.1.11. do not transmit, without the consent of management, to the media and other third parties materials related to the activities of the Employer, either under one’s own name or under a pseudonym;

1.1.12. not to allow disclosure of information constituting a trade secret;

1.1.13. to keep secret for the entire duration of this agreement and 3 years after its termination or termination the data that became known to him during his work in the organization and is a trade secret:

Legal, technical and special documentation prepared and available to the Employer, including statistical information;

Information related to financial transactions of both the Employer itself and its business partners and clients, as well as scientific, technical, legal, business and other types of documentation that are the property of the Employer;

Information about the amount of wages of the organization’s employees;

All information about the company's clients.

1.1.14. while working under this agreement, do not provide services to other organizations or persons if this may cause a violation of confidentiality or go against the interests of the Employer;

1.1.15. immediately inform your immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, or the safety of the Employer’s property.

1.2. The employee has the right to:

1.2.1. conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

1.2.2. providing him with work stipulated by this employment contract;

1.2.3. a workplace that meets the conditions provided for by state standards and labor safety;

1.2.4. timely and full payment of wages;

1.2.5. rest provided by establishing normal working hours, providing weekly days off, non-working holidays, paid annual leave;

1.2.6. complete reliable information about working conditions and labor protection requirements in the workplace;

1.2.7. professional training, retraining and advanced training in the manner established by this Labor Code of the Russian Federation and other federal laws;

1.2.8. protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;

1.2.9. compensation for harm caused to an employee in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;

1.2.10. compulsory social insurance in cases provided for by federal laws.

1.3. The employer is obliged:

1.3.1. comply with laws and other regulatory legal acts, local regulations, and the terms of this employment contract;

1.3.2. provide the Employee with work stipulated by the employment contract;

1.3.3. ensure labor safety and conditions that meet occupational safety and health requirements;

1.3.4. provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties;

1.3.5. provide the Employee with support and assistance when carrying out activities aimed at increasing the efficiency of the organization;

1.3.6. pay the full amount of wages due to the Employee within the time limits established by this employment contract;

1.3.7. carry out compulsory social insurance of the Employee in the manner established by federal laws;

1.3.8. compensate for damage caused to the Employee in connection with the performance of their job duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts;

1.3.9. perform other duties provided for by current federal legislation and this employment contract.

1.4. The employer has the right:

1.4.1. conclude, amend and terminate employment contracts with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

1.4.2. encourage the Employee for conscientious, effective work;

1.4.3. demand from the Employee the performance of his labor duties and careful attitude towards the property of the Employer and other employees, compliance with the internal labor regulations;

1.4.4. exercise control over the proper compliance by the Employee with the requirements of the legislation of the Russian Federation and internal documents of the Employer;

1.4.5. if necessary, apply both incentive measures and disciplinary measures to the Employee in the manner prescribed by current legislation;

1.4.6. in order to improve the efficiency of the organization, give the Employee mandatory instructions;

1.4.7. bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws.

You can download the full text of the employment contract from the link below:

Download the employment contract form

When applying for a job, do not forget to prepare an employment order and make an appropriate entry in the work book.

When getting a job, we notice that some organizations enter into employment agreements with their employees, and some - contracts. Let's look at the difference between an agreement and a contract.

Labor contract

The employment contract came to us from abroad. In the USA, this is the main document in hiring. By what principles does he operate? The contract is valid from 1 to 5 years. Then, it is either extended or terminated. Extension and termination of the contract are given two weeks notice. The important thing is that if the contract is terminated unexpectedly (that is, during the period when it should still be valid), then the employer pays compensation to his employee. The contract clearly states the place of work, conditions, position, profession and specialization of the employee, the rights of the parties, the method of remuneration, additional bonuses, bonuses and dates. The contract terminates if: its term expires, labor safety rules are violated (injuries, death), violation of certain clauses by the employee or employer, violation of discipline, failure to fulfill job duties.

Employment contract

Now let's look at the employment contract. This document is not limited by any deadlines and is based on the Labor Code of the Russian Federation. An employment contract is an agreement (oral or written) between an employee and an employer in which the employee agrees to perform a specific job, with clearly stated responsibilities, schedules and conditions. The employer is obliged to provide the employee with his workplace and the necessary equipment. The employment contract clearly indicates information about the employee and the employer, place of work and profession, duties and rights of the employee, work and rest hours, payment terms, and the availability of a social package. An employment contract terminates: upon agreement of the parties, termination of the employment contract by the employee or employer, due to force majeure, liquidation of the organization, failure to fulfill duties by the employee, violation of discipline, absenteeism, gross violation of labor protection rules.

An important difference between the two documents: the employment contract can be terminated by both the employee (2 weeks notice) and the employer; the contract can only be terminated by the employer if there is a gross mistake on the part of the employee or on his own initiative, but with payment of compensation. Today, most of our codes are being roughly reformed, and accordingly, an employee can simply be used by an employer. An employment contract is a document of the past. Thanks to such a document, it is much easier to violate the rights of an employee and force him to leave of his own free will. As for the contract, the situation is the opposite. The employer is interested in the employee, and accordingly, the contract guarantees 98% that the person will hold his job for the full term of the contract. This means there is little confidence in the future, unlike an employment contract. In addition, the contract clearly states the nuances that cannot be violated, which means that the employee retains his rights and clearly understands his responsibilities, which are spelled out in black and white in the contract. Everything that is not in the contract is something that the employee is not obligated to do. The contract is more reliable than an employment contract. Therefore, it is likely that in the coming years many organizations will switch to a contract form of employment.