Labor contract with an employee- this is an agreement between the employer (company or individual entrepreneur) and the employee (individual), according to which the hired person undertakes to perform certain work, and the employer is obliged to provide the employee with work, timely pay wages and create working conditions in accordance with the law.
An employment contract with an employee can be terminated only by mutual agreement of the employer and the employee, or if one of the parties fails to fulfill its obligations. Termination of the employment contract cannot be carried out if the employee is on vacation, on sick leave, etc.
The employment contract is drawn up in two copies - one for each of the parties to the employment agreement.
According to latest changes in the legislation of Russia, a sample employment contract must include the following details:
- Full name of the employee
- details of the employer
- job title and job responsibilities
- employer's obligations
- working conditions
- date and place of drawing up the contract, signatures of the parties
Standard employment contract - sample
EMPLOYMENT CONTRACT No. ______
LLC "Romashka", hereinafter referred to as the "Employer", represented by Director Sergeev Petr Evgenievich, acting on the basis of the Charter, on the one hand, and Ivanova Klara Gennadievna, hereinafter referred to as the "Employee", on the other hand, have concluded 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 the internal labor regulations (mode, volume and schedule of work), and the Employer undertakes to pay wages to the Employee and ensure working conditions, provided for by labor law and this contract.
1.2. The Agreement regulates labor and other relations between the Employee and the Employer. The Contracting Parties acknowledge that their rights and obligations are governed 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 job description are binding on the Employee.
2. GENERAL PROVISIONS
2.1. On the basis of this agreement, the Employee is appointed to the position and begins his duties from the moment the relevant order is signed.
2.2. The Employee is assigned the duties stipulated by the job description.
2.3. When exercising legal relations under this agreement, the parties are guided by the following principles:
Conscientious fulfillment by the Employee of his official duties as a subject of civil legal relations;
Assistance to the Employee by the higher management bodies of the Employer in the exercise of his official rights and duties, 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 unit of the Employer and exercises his rights and obligations in accordance with the current legislation and this agreement.
2.4. When exercising their official rights and performing their duties, the Employee must act in the interests of the Employer proactively, reasonably and in good faith, not to allow violations of the law, financial and labor discipline, strive to improve the efficiency of work within its competence.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
1.1. The employee is obliged:
1.1.1. conscientiously perform their labor duties, in accordance with the job description;
1.1.2. follow the rules of the internal work schedule;
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 internal documents of the Employer, drawn up by him in the course of work in accordance with established order and standards;
1.1.5. ensure compliance of the current activities of the Employer with the requirements of the current legislation of the Russian Federation;
1.1.6. observe labor discipline;
1.1.7. comply with the requirements for labor protection and ensuring labor safety;
1.1.8. take care of the property of the Employer and other employees;
1.1.9. ensure compliance with established labor standards;
1.1.10. ensure the implementation of management decisions;
1.1.11. not to transfer, without the consent of the management, to the media and other third parties materials related to the activities of the Employer, either under his own name or under a pseudonym;
1.1.12. not to allow disclosure of information constituting a trade secret;
1.1.13. keep secret for the entire duration of this agreement and 3 years after its termination or termination of the data that became known to him during his work in the organization, which are commercial secrets:
Legal, technical and special documentation prepared and available to the Employer, including statistical information;
Information related to financial transactions, both of 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 salary of employees of the organization;
All information about the clients of the company.
1.1.14. while working under this agreement, not to provide services to other organizations or persons if this may cause a breach of confidentiality or go against the interests of the Employer;
1.1.15. immediately inform the immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the Employer.
1.2. The employee has the right to:
1.2.1. conclusion, amendment and termination of an employment contract in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;
1.2.2. providing him with work stipulated by this employment contract;
1.2.3. workplace corresponding to the conditions stipulated state standards and labor safety;
1.2.4. timely and in full payment of wages;
1.2.5. rest provided by the establishment normal duration working hours, providing weekly days off, non-working public holidays paid annual leave;
1.2.6. full reliable information about working conditions and labor protection requirements at the workplace;
1.2.7. vocational training, retraining and advanced training in the manner prescribed by this Labor Code of the Russian Federation, other federal laws;
1.2.8. protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
1.2.9. compensation for harm caused to the employee in connection with the performance by him job duties, and compensation for moral damage in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
1.2.10. compulsory social insurance in cases stipulated by federal laws.
1.3. The employer is obliged:
1.3.1. comply with laws and other regulatory legal acts, local regulations, 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 the requirements of labor protection and hygiene;
1.3.4. provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;
1.3.5. provide the Employee with support and assistance in carrying out activities aimed at improving the efficiency of the organization;
1.3.6. pay in full the 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 prescribed by federal laws;
1.3.8. compensate for the harm caused to the Employee in connection with the performance of their labor 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 stipulated by the 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 on the terms established by the Labor Code of the Russian Federation and other federal laws;
1.4.2. encourage the Employee for conscientious efficient work;
1.4.3. demand from the Employee the performance of his labor duties and careful attitude to the property of the Employer and other employees, compliance with the Internal Labor Regulations;
1.4.4. exercise control over the proper fulfillment by the Employee of the requirements of the legislation of the Russian Federation, internal documents of the Employer;
1.4.5. if necessary, apply to the Employee both incentive measures and disciplinary sanctions in the manner prescribed by applicable law;
1.4.6. in order to improve the efficiency of the organization's work, give the Employee instructions that are mandatory for execution;
1.4.7. bring the Employee to disciplinary and financial liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws.
You can download the full text of the employment contract at the link below:
Download the employment contract form
When applying for an employee, do not forget to prepare an employment order and make an appropriate entry in the work book.
Employment contract 2019 sample free download with an employee, IP form
04.04.2019
The concept of "Employment contract" and "Parties of the employment contract" is defined in Article 56 Labor Code Labor Code of Russia (Labor Code of the Russian Federation). Labor contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing norms labor law, the collective agreement, agreements, local regulations and this agreement, pay wages to the employee in a timely manner and in full, and the employee undertakes to personally perform the labor function defined by this agreement in the interests, under the management and control of the employer, to comply with the internal labor regulations in force at this employer.The parties to an employment contract are the employer and the employee.
Download: employment contract form, sample, form
The Labor Code does not define a specific form or model of an employment contract, except for micro-enterprises (since 01/01/2017). New standard form of employment contract for micro-enterprisesapproved by Government Decree Russian Federation dated August 27, 2016 No. 858 "On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises."The beginning of the document: 01/01/2017.
Download form (sample):
Other options for downloading an employment contract (all in word, doc):
Forms are exemplary.You can choose the most suitable form. Forms can be adjusted depending on the specific situation and needs. IP contracts presented ( individual entrepreneur), organizations (LLC, JSC, etc.) with an employee. Formsemployment contract with the director, accountant, seller, driver, see this .
New on the topic
New from 04/04/2019: The Ministry of Labor of the Russian Federation in a letter dated 03/07/2019 No. 14-2 / V-139 informs that the employer can dismiss the employee after the expiration of the employment contract, even during the period the employee is on vacation or during a period of temporary disability.
New from 12/28/2018: The Ministry of Labor in a letter dated November 12, 2018 No. 14-1 / OOG-8602 informs that the payment of wages ahead of schedule does not violate the rights of workers.
New from 12/14/2018: E Rostrud experts report thatonly a court can recognize a fixed-term employment contract as indefinitea fixed-term employment contract is concluded only on the grounds listed in Article 59 of the Labor Code of the Russian Federation.Employment contract signed for certain period in the absence of sufficient grounds established by the court, it is considered to be a prisoner for an indefinite period (part 5 of article 58 of the Labor Code of the Russian Federation).
New from 12/14/2018: Omsk regionalthe court in the appeal ruling dated June 27, 2018 in case No. 33-4045 / 2018 allowed employers not to index the wages of employees (with regular payment of bonuses, etc.).
New from 12/06/2018: Rostrud experts explain that reduce wages temporarily probationary period not possible, according to the requirementspart 3 of article 70 of the Labor Code of the Russian Federation.
New from 10/30/2018: Rostrud experts in the report of Rostrud with guidance on compliance denia mandatory requirements The legal acts for the III quarter of 2018 explain and inform:
When it is possible to extend the term of the employment contract with the help of an additional agreement;
When the employment contract includes the conditions for granting leave;
The position in the employment contract does not always have to correspond to qualification directories.
New from 07/31/2018: The Government of Russia in Decree No. 873 dated 07/26/2018 amended standard form an employment contract with the head of a state (municipal) institution.
New from 3/30/2018: MIntruder of the Russian Federation, in a letter dated March 21, 2018 No. 14-2 / V-191, clarifies whether the numbering of employment contracts is mandatory in commercial organization, and what numbering system can be used.
New from 03/19/2018: The Ministry of Labor of the Russian Federation, in a letter dated 03/05/2018 No. 14-2 / V-148, clarified how the personnel registration of employees involved in work for which various restrictions are defined by laws is carried out.
New from 01/18/2018:The Ministry of Labor proposed to supplement the standard form of an employment contract with the head of a state (municipal) institution with new responsibilities. Draft resolution: regulation.gov.ru
New from 10/31/2017: The Ministry of Labor of Russia, in a letter dated 10/18/2017 No. 14-2 / V-935, clarifies the procedure for recovering from the employee the amounts spent on his training in the event of early termination of the employment contract.Excerpt: "In case of dismissal without good reason before the expiration of the period specified in the employment contract or in the training agreement at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training."
New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated October 19, 2017 N 14-2 / V-942, explained whether, when concluding an employment contract with an employee, it is possible to sign a separate agreement, according to which, within a year after dismissal, the employee undertakes not to be employed in competing companies (the Employer does not has the right to restrict the employment of former employees).
New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated 10/18/2017 N 14-2 / B-935, clarifies how the termination of an employment contract concluded with a temporary worker is carried out while the main employee is on sick leave (when the term for terminating the employment contract is determined by the date on the sick leave).
New from 08/02/2017:
According to Rostrudfor the absence of mandatory conditions in the employment contract (article 57 of the Labor Code of the Russian Federation "Content of the employment contract") the employer faces a fine. For more details, see the message of Rostrud.
New from 07/13/2017:
The Ministry of Labor of Russia, in a letter dated June 30, 2017 No. 14-1 / V-591, explained which clauses a microenterprise can exclude from a standard employment contract. More on this one.
Commentary on the standard form of an employment contract for micro-enterprises(Source: government.ru)
Decree No. 858 of August 27, 2016 approved a standard form of an employment contract, which includes various options for filling out certain provisions and conditions. A standard form of an employment contract at micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the specifics associated with the performance of specific work related to a particular employee.
Prepared by the Ministry of Labor in pursuance of the list of instructions of the President of Russia following the meeting of the State Council on the development of small and medium-sized businesses, held on April 7, 2015 (No. Pr-815GS dated April 25, 2015, paragraph 4, subparagraph "b") and in order to implement the Federal Law of July 3, 2016 No. 348-FZ "On Amendments to the Labor Code of the Russian Federation in Part of the Specifics of Labor Regulation for Persons Working for Employers - Small Business Entities Classified as Micro-Enterprises" (hereinafter - Federal Law No. 348-FZ).
In accordance with Federal Law No. 348-FZ, an employer - a small business entity, which is classified as a micro-enterprise, has the right not to adopt local regulations containing labor law norms (internal labor regulations, regulations on wages, shift schedules, and others). At the same time, the terms and conditions, which, in accordance with the Labor Code, are regulated by local regulations, must be included in the employment contract, which is concluded on the basis of a standard form approved by the Government of Russia.
The signed resolution approved a standard form of an employment contract, which includes various options for filling out individual provisions and conditions. This will ensure flexibility in the regulation of labor relations, taking into account the specifics of the activities of a particular employer.
The standard form of the contract includes special conditions applicable to remote and home workers, which are not used in other cases.
A standard form of an employment contract at micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the specifics associated with the performance of specific work related to a particular employee.
The implementation of the resolution will reduce the volume of document flow and increase the level of protection of the labor rights of employees working for employers - small businesses that are classified as micro-enterprises.
The employment contract specifies:
last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;
information about the documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);
information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;
place and date of conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural subdivision of the organization located in another locality, the place of work indicating the separate structural unit and its location;
labor function(work according to position in accordance with staffing, professions, specialties indicating qualifications; specific type of work assigned to the employee). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements to them must comply with the names and requirements specified in qualification guides approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards;
the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;
conditions of remuneration (including the size of the tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments);
working time and rest time (if for this employee it is different from general rules operating for this employer);
guarantees and compensations for work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If at the conclusion of the employment contract it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.
The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:
on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;
about the test;
on non-disclosure of legally protected secrets (state, official, commercial and other);
on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional employee insurance;
on improving the social and living conditions of the employee and members of his family;
on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;
on additional non-state pension provision for an employee.
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements . The failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.
Employment contracts may be concluded:
1) for an indefinite period;
2) for a fixed period of not more than five years (fixed-term employment contract), unless another period is established by this Code and other federal laws. For more details, see Article 58 of the Labor Code of the Russian Federation
concept Fixed-term employment contract introduced in Article 59 of the Labor Code of the Russian Federation.
According to article 60 of the Labor Code of the Russian Federation Prohibition to demand the performance of work not stipulated by the employment contract, except as provided for by this Code and other federal laws.
Article 60.1. The Labor Code of the Russian Federation defines the concept Part-time work
The employee has the right to conclude employment contracts on the performance of other regular paid work with the same employer during his free time from his main job ( internal combination) and (or) from another employer (external part-time job). Features of labor regulation of persons working part-time are determined by Chapter 44 of this Code.
Article 60.2. The Labor Code of the Russian Federation refers to: Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without release from work specified in the employment contract
Article 61 of the Labor Code of the Russian Federation defines:Entry into force of the employment contract
An employment contract shall enter into force from the date of its signing by the employee and the employer, unless otherwise provided by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day actual assumption employee to work with the knowledge or on behalf of the employer or his authorized representative.
The employee is obliged to start performing labor duties from the day specified in the employment contract.
If the employment contract does not specify the day of commencement of work, the employee must start work on the next working day after the entry into force of the contract.
If the employee did not start work on the day of commencement of work, established in accordance with the second or third part of this article, the employer has the right to cancel the employment contract. The canceled employment contract is considered not concluded. Cancellation of an employment contract does not deprive the employee of the right to receive mandatory social insurance in the event of an insured event in the period from the date of conclusion of the employment contract until the day of its cancellation.
The employer is obliged to conclude an employment contract with each employee hired. It should include a number of mandatory information and conditions. Otherwise, the employer may be fined for improper execution of the employment contract.
Here is what information and conditions should be in any employment contract (let's call it a standard employment contract):
Date and place of conclusion of the employment contract;
Information about the representative of the employer, including the name of the employer and a document confirming the authority of the representative;
TIN of the employer;
Passport data of the employer-individual;
Surname, name and patronymic of the employee;
Passport data of the employee;
Place of work;
Labor function;
Start date of work;
Terms of remuneration;
working conditions at the workplace;
Condition on compulsory social insurance of the employee;
Signatures of the parties.
Employment contract with features
And here are a number of conditions that become mandatory for inclusion in an employment contract only in certain cases (that is, if there are appropriate agreements with a specific employee):
The condition of part-time work, if the work will not be the main one for the employee;
The term of the employment contract, if it is urgent;
The mode of working time and rest time, if it differs from the general rules in force at the employer;
The nature of the work, if it is special (mobile, traveling, on the road, in the field, expeditionary, etc.);
Guarantees and compensation for work with harmful and dangerous working conditions, when an employee is hired in such conditions.
By agreement with the employee, it is not forbidden to include other conditions in the employment contract (for example, on probation, on a specific list of job duties, etc.). The main thing is that they do not worsen his rights in comparison with those that are guaranteed to him by labor legislation.
Unified form TD-1can help the employer to draw up an employment contract with the employee. How to use the TD-1 form in order to complete labor Relations and at the same time comply with all legal requirements, we will tell in our article.
Employment contract - is it always needed?
Most people work in companies or for individual entrepreneurs for money. In this case, in order for the remuneration received to correspond to the labor expended, and the employer not to abuse the labor of his employees, labor relations must be formalized in writing. The requirement for a written form of an employment contract is established by Art. 67 of the Labor Code of the Russian Federation.
An employment contract is the main document drawn up between an employee and an employer when he enters a job. If the employer allowed the employee to work, but did not draw up an employment contract with him, he may be fined by the State Labor Inspectorate under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.
Read more about fines for violation of labor laws in the material. .
Unified form No. TD-1 - when is it applied?
There is no single form of an employment contract, because It is impossible to come up with a perfect pattern for all cases. Chief Accountant, blacksmith, cook, system administrator - each position brings its own characteristics to the employment contract. For example, only an employment contract can provide for a working mode (for some professions with harmful working conditions, a reduced working day is provided), the duration of vacation (for some categories, not only basic, but also additional vacations are established), as well as various kinds of compensation and guarantees.
But you can make the process easier. For this, there is a unified form of an employment contract (form TD-1) - it can serve as the basis for drawing up various employment contracts, as it contains general (standard) conditions provided for by law. You can download the form of the unified form TD-1 on our website.
An example of an employment contract
For example, Kruglov I.P. enters Rassvet LLC as an auxiliary worker. To conclude an employment contract with him, a specialist in the personnel department used the TD-1 form, in which he entered all the necessary information.
In accordance with Art. 57 of the Labor Code of the Russian Federation in the labor agreement provide the necessary information, mandatory and additional conditions. The following necessary information was reflected in the employment contract with Kruglov I.P.: information about the employer (name, address, TIN, etc.), employee (full name, passport data and other information), date and place of conclusion of the contract .
Among the mandatory working conditions are: the location of the employee's workplace in accordance with Part 6 of Art. 209 of the Labor Code of the Russian Federation, labor function (subject to the requirements of Article 60 of the Labor Code of the Russian Federation), date of commencement of work, terms of remuneration ( tariff rate, bonuses, surcharges, allowances), working hours and rest time, a condition on compulsory social insurance.
In addition to the necessary information and mandatory conditions, the text also indicated an additional condition (Article 57 of the Labor Code of the Russian Federation) - on a probationary period.
You can see a sample of filling out the TD-1 form on our website.
Results
An employment contract with an employee must be concluded in writing. When designing it, you can take as a basis unified form TD-1, in which you need to specify all the necessary information, mandatory and additional conditions.
The definition of an employment contract, a sample of which can be downloaded in Word for free on this page, is described in Article 56 of the Labor Code of the Russian Federation. In fact, this is a written agreement (agreement) on the mutual rights and obligations of an employee with an employer organization (with individual entrepreneurs, with ZAT, with LLC, etc.) in the process joint activities over a certain period. According to this document, one party (the employee) undertakes to perform certain functions for the agreed payment, observing the established rules. And the other party (the employer) must pay for the volume performed in a timely manner, ensuring both the work stipulated by the contract and the working conditions that comply with the current legislation.
A bit of theory
This agreement, referred to as an employment contract (TD), is considered in several legal aspects, including as:
- a written agreement on joint activities of a certain organization - an employer with an employee (as an option, an individual entrepreneur with an employee);
- a certified form of legal relations that determines the procedure for concluding a trade agreement, the conditions for changing, terminating (dismissing), transferring to other functions, etc.;
- a legal form of confirmation of existing labor and legal relations with the possibility of resolving disputes in court.
As a document establishing legal connection an employee with an employer company (with a director of an organization or with an individual entrepreneur), the contract must reflect full information (details) about the interacting parties and the terms of the agreement. As a rule, the TD is issued in two copies.
In addition to the main contract, most categories of employees have the right to conclude other agreements on joint activities, working part-time, if this is not prohibited by other conditions. For example, government employees are not allowed other paid activities other than teaching, creating, or writing scientific papers.
Types of employment contracts
There are three types of employment contracts (TD) according to the validity period: open-ended, fixed-term or conditionally fixed-term.
- Perpetual- main variety labor agreements, the period of validity of which is not indicated in the form. Their action extends for an indefinite period.
- Fixed-term employment contract it is possible to conclude up to 5 years, when, according to the conditions of the proposed activity, it is impossible to draw up an agreement for an indefinite period. This can be seasonal cleaning, restoration, commissioning, elective office, etc.
- Conditionally urgent - is issued when hiring for a short-term job, for example, replacing an employee temporarily absent due to illness, etc.
At the same time, the registration of urgent TD is possible only with the mutual consent of the parties. Therefore, the refusal of the director of the company to hire because of the desire of the employee to issue an open-ended contract is illegal.
Regardless legal form an organization with an accountant is allowed to conclude an urgent TD if he is accepted for the position of chief accountant of the company.
If, after the expiration of the period of validity of the STD (fixed-term employment contract), the employee continued to perform certain duties (the parties “did not break” the preliminary agreement), the TD automatically goes into the category of open-ended agreements, since the condition for its termination becomes invalid.
Depending on the nature of the activity, employment contracts can be of several types:
- main - is issued at the place of main work;
- temporary for up to 2 months - is concluded for the time necessary for the implementation of certain services (work);
- seasonal - when the agreement is valid only during the agreed period (season);
- part-time TD is issued in the presence of related work;
- with the employer, when the TD is concluded between individuals;
- at home - distant work for hire, freelance;
- contract - an agreement on municipal (state) activities.
There are other types of employment contracts that differ in a variety of ways. For example, by conditions (usual, at night, in northern latitudes, etc.), by age or citizenship: under 18 years old, with foreigners, etc.
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| Employment contract LLC with an employee | ||
| Employment contract with director |
