An employee who has entered into an employment contract is obliged. We conclude an employment contract. Mandatory conditions of an employment contract

The Labor Code in Articles 21 and 22 enshrines the basic rights and obligations of the parties to the employment contract: both the employee and the employer. When concluding an employment contract, the organization and the employee must take into account the rights and obligations of each other. Violation of rights or failure to fulfill obligations will constitute a violation labor legislation and may lead to prosecution, including disciplinary (for an employee) or administrative and criminal (for a company).

Rights and obligations of an employment contract: employee

Among the 14 rights of an employee (Article 21 of the Labor Code of the Russian Federation), the main ones are:

• the right to conclude, change and terminate your contract in accordance with the rules of the Labor Code of the Russian Federation. In fact, this means that an employee cannot be forced to enter into an employment contract without his consent or be prohibited from resigning;
• provision of work agreed upon when concluding an employment contract. First of all, we are talking about the fact that the change in functionality during the work should also be agreed by the manager with the employee;
• timely payment of the agreed salary: working hours, its conditions and quality must be taken into account when paying salaries;
• rest in accordance with the rules of the Labor Code of the Russian Federation, both daily and weekly, and rest during non-working holidays... In addition, some categories of employees are entitled to a reduced / incomplete work time- the employer has no right to violate these rights.

From the listed rights, the duties of employees follow:

• an employee who has entered into an employment contract is obliged to perform the agreed functionality with high quality, observing the rules of the company's internal labor regulations, labor discipline, labor standards and labor protection requirements;
• preservation and respectful attitude to the property of the company and other employees. In addition, if a situation arises that threatens the life or health of employees, as well as the safety of property, the employee is obliged under an employment contract to immediately inform his manager about it.

Employer's rights and obligations

The basic rights of an employer are in many ways similar to the rights and obligations of an employee:

• the right to conclude, amend and terminate employment contracts with employees. At the same time, the rules of the Labor Code of the Russian Federation must be strictly observed;
• the right to demand high-quality performance of the agreed functionality from the company's employees, subject to the rules of the company's internal labor regulations, labor discipline, labor standards and labor protection requirements;
• the right to preserve and respect the property of the company and other employees on the part of the employee;
• the right to attract employees to different types responsibility in the event of violations;
• the right to local rule-making: edition internal documents regulating certain aspects of labor.

Nevertheless, the rights also imply certain obligations of the employer under the employment contract:

• First of all, we are talking about strict observance of labor laws, as well as internal company documents regulating labor issues, and specific labor contracts.
• The work agreed in the employment contract must be provided to the employee and paid accordingly, in addition, all conditions and equipment must be provided for its implementation. At the same time, the employer is obliged to comply with the principle of equal pay for work of equal value.
• The employer is obliged to comply with strict rules to ensure the safety of employees, their life and health.
• If workers' representatives ask the employer to bargain collectively and conclude a collective agreement, the company has no right to refuse.

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The Labor Code in Articles 21 and 22 enshrines the basic rights and obligations of the parties to the employment contract: both the employee and the employer. When concluding an employment contract, the organization and the employee must take into account the rights and obligations of each other. Violation of rights or failure to fulfill obligations will be a violation of labor laws and may lead to prosecution, including disciplinary (for an employee) or administrative and criminal (for a company).

Rights and obligations of an employment contract: employee

Among the 14 rights of an employee (Article 21 of the Labor Code of the Russian Federation), the main ones are:

• the right to conclude, change and terminate your contract in accordance with the rules of the Labor Code of the Russian Federation. In fact, this means that an employee cannot be forced to enter into an employment contract without his consent or be prohibited from resigning;
• provision of work agreed upon when concluding an employment contract. First of all, we are talking about the fact that the change in functionality during the work should also be agreed by the manager with the employee;
• timely payment of the agreed salary: working hours, its conditions and quality must be taken into account when paying salaries;
• rest in accordance with the rules of the Labor Code of the Russian Federation, both daily and weekly, and rest on non-working holidays. In addition, some categories of employees are also entitled to reduced / part-time work - the employer has no right to violate these rights.

From the listed rights, the duties of employees follow:

• an employee who has entered into an employment contract is obliged to perform the agreed functionality with high quality, observing the rules of the company's internal labor regulations, labor discipline, labor standards and labor protection requirements;
• preservation and respect for the property of the company and other employees. In addition, if a situation arises that threatens the life or health of employees, as well as the safety of property, the employee is obliged under an employment contract to immediately inform his manager about it.

Employer's rights and obligations

The basic rights of an employer are in many ways similar to the rights and obligations of an employee:

• the right to conclude, amend and terminate employment contracts with employees. At the same time, the rules of the Labor Code of the Russian Federation must be strictly observed;
• the right to demand high-quality performance of the agreed functionality from the company's employees, subject to the rules of the company's internal labor regulations, labor discipline, labor standards and labor protection requirements;
• the right to preserve and respect the property of the company and other employees on the part of the employee;
• the right to bring employees to various types of liability in the event of violations;
• the right to local rule-making: the publication of internal documents regulating certain aspects of labor.

Nevertheless, the rights also imply certain obligations of the employer under the employment contract:

• First of all, we are talking about strict observance of labor laws, as well as internal company documents regulating labor issues, and specific labor contracts.
• The work agreed in the employment contract must be provided to the employee and paid accordingly, in addition, all conditions and equipment must be provided for its implementation. At the same time, the employer is obliged to comply with the principle of equal pay for work of equal value.
• The employer is obliged to comply with strict rules to ensure the safety of employees, their life and health.
• If workers' representatives ask the employer to bargain collectively and conclude a collective agreement, the company has no right to refuse.

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Labor contract

An employment contract is the main document governing labor Relations between an employee and an employer who are parties to an employment contract. It is the employer's responsibility to conclude an employment contract with each employee. Execution of contracts necessarily not only if the employee is accepted for permanent job, but also in the case of part-time jobs and the performance by employees of a certain amount of work of a temporary nature
The employment contract is the basis for the emergence of an employment relationship.
IN article 56 of the Labor Code of the Russian Federation it is stated that “an employment contract is an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to ensure the working conditions stipulated by the Labor Code of the Russian Federation, laws and other regulatory legal acts, collective agreements, agreements, local regulations containing norms labor law, timely and in full pay wages to the employee, and the employee undertakes to fulfill the job function defined by this agreement, to comply with the internal labor regulations in force in the organization. "
An employment contract is a bilateral agreement. The parties to the employment contract are the employee and the employer.
Employee - individual who entered into an employment relationship with an employer.
Employer - a legal entity or an individual entrepreneur or an individual who has entered into an employment relationship with an employee.
The content of an employment contract is recognized as mutual obligations (conditions) negotiated by the parties at its conclusion.
The terms of the employment contract that make up its content are subdivided into obligatory(necessary), i.e. conditions without which an employment contract cannot be considered concluded, and on additional(optional), the presence of which is determined solely at the discretion of the parties.
The mandatory terms of the employment contract in accordance with Art. 57 of the Labor Code of the Russian Federation are:
place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another locality, the place of work with an indication of a separate structural unit and its location.
Under another area in accordance with paragraph 16 of the resolution of the Plenum The Supreme Court RF dated March 17, 2004 No. 2 should be understood as the area outside the administrative-territorial boundaries of the corresponding settlement... The structural subdivision of the organization means both branches and representative offices, and departments, workshops, sections, etc .;
labor function (work according to the position in accordance with staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee).

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Article 57 of the Labor Code of the Russian Federation requires to indicate the names of positions, professions or specialties and qualification requirements for them in accordance with the names and requirements given in qualification reference books, in the event that in accordance with federal laws performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions.
Thus, in most cases, for employers, when naming a position, profession or specialty, qualification guides are advisory character... with the exception of those positions, professions or specialties where benefits or restrictions in accordance with federal laws.
the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law.
An employee in accordance with Art. 61 of the Labor Code of the Russian Federation is obliged proceed with execution job responsibilities from the day specified in the employment contract. If the day of starting work is not specified in the employment contract, then the employee must start working at next working day after the entry into force of the contract.
If there is fixed-term employment contract... then it is necessary to indicate its term and circumstance (reason) that served as the basis for concluding an agreement for a certain period;
terms of remuneration (including the size of the wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). With regard to additional payments, allowances and incentive payments, it is advisable to indicate their nature, for what (if there are any grounds) they are paid and the procedure for their payment.
It is necessary to indicate the specific size of the official salary, additional payments, allowances and incentive payments. Reference to other local regulations, for example, “Official salary according to the staffing table. "Is inadmissible;
working hours and rest hours (if for this employee it differs from general rules of the employer).
The mode of working hours and rest is detailed in the employment contract in the event that any special conditions are established for the employee. In other cases, it is enough to make a reference to the internal labor regulations and other documents. If, before the conclusion of the employment contract, the employer has approved a list of positions with irregular working hours... a reference to this list should be made in the agreement. In an employment contract with an employee employed on a shift basis, reference must be made to shift schedule... The duration of the working day and the conditions of rest for working persons according to flexible schedule are also reflected in the employment contract;
compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of the working conditions at the workplace.
According to Art. 209 of the Labor Code of the Russian Federation, working conditions are a combination of factors working environment and labor process affecting the performance and health of the employee.
In accordance with the requirements of labor protection, there are: safe conditions labor, as well as harmful and (or) dangerous working conditions.
From point of view rationing Labor Code of the Russian Federation distinguishes between working conditions:
a) normal;
b) deviating from normal:
- when performing work of various qualifications;
- when combining professions;
- when performing work outside the normal working hours ( overtime work);
- when performing work at night;
- when performing work on weekends and non-working holidays, etc.
All these working conditions must be specified in the employment contract. In addition, one should indicate compensation and benefits for work in such conditions. For example, the provision of additional paid leave to employees engaged in work with harmful and (or) hazardous working conditions and reduced working hours, the provision of therapeutic and prophylactic nutrition, etc.;
conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
a condition on compulsory social insurance of an employee in accordance with the Labor Code of the Russian Federation and other federal laws
other conditions in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms.
Mandatory (necessary) conditions qualify the nature of the contract exactly as labor... Therefore, these conditions must be necessarily fixed in the text of the employment contract.
However, if, when concluding an employment contract, it did not include any information (part 1 of article 57 of the Labor Code of the Russian Federation) and (or) mandatory conditions (part 2 of article 57 of the Labor Code of the Russian Federation), then this is not a basis for recognizing an employment contract as not concluded or terminating it .
In this case, the error can be corrected in the following way: the employment contract must be supplemented with the missing information and (or) conditions. The missing conditions are determined by the annex to the employment contract or by a separate agreement of the parties concluded in writing which are an integral part of the employment contract.
An employment contract may provide for additional (optional) conditions that should not worsen the employee's position in comparison with the established labor legislation and other regulatory legal acts containing labor law, collective agreement, agreements, local regulations.
Additional conditions include the following:
on clarification of the place of work (indicating the structural unit and its location) and (or) on the workplace;
about the test.
The absence in the employment contract of a condition on test means that the employee is hired without a trial. If the employee is actually admitted to work without drawing up an employment contract (part 2 of article 67 of the Labor Code of the Russian Federation), the employer will be able to include a test condition in the employment contract only when the parties draw up it in the form of a separate agreement before starting work.
on non-disclosure of secrets protected by law (state, official, commercial and other);
on the employee's obligation to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional insurance for the employee;
on improving the social and living conditions of the employee and his family members;
to clarify, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.
When developing this part of the employment contract, special attention should be paid to the employee's labor duties, that is, duties due to the position held, specialty or performance of work in the profession. In the employment contract, you can make a reference to the job description, for example: “Perform duties in good faith. a reference to the job description, for example: “To fulfill in good faith the duties stipulated by job description», Or reflect labor duties directly in the text of the employment contract. It must be remembered that the employee's knowledge of his job duties, confirmed by his signature. It is one of the conditions for the legal attraction of the employee to material or disciplinary liability.
List of additional conditions is not closed and can be supplemented by agreement of the parties. For example, the condition for combining professions (positions), as well as the amount of additional payments for combining can be established by agreement of the parties to the employment contract.
The employer is obliged to conclude an employment contract in writing with each person... hired. All contracts are concluded in compliance with all mandatory details and conditions established by Art. 57 of the Labor Code of the Russian Federation, and certified by the signatures of the parties.
The amendments made to the Labor Code of the Russian Federation by Federal Law No. 90-FZ establish the requirement for compulsory bringing in the employment contract information that individualizes the parties to the employment contract. This is important in order to place responsibility on both sides of the employment contract.
IN the employee's attitude :
surname, name, patronymic of the employee;
information about the employee's identity documents.
IN employer :
the name of the employer (if the employer is a legal entity, then the full name of the organization is indicated, containing an indication of the organizational and legal form, as well as the name of the body or the surname, name, patronymic of the person exercising the rights and obligations of the employer in labor relations.
If the employer is an individual... then his last name, first name and patronymic are indicated in the employment contract)
information about identity documents (for employers - individuals);
taxpayer identification number (for employers, with the exception of 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 vested with the appropriate powers.
There should also be such details are indicated... as the place and date of the conclusion of the employment contract.
And only after this information is indicated, a very specific person is endowed with rights and bears responsibility under an employment contract.
As a rule, other, individualizing signs of the parties to the employment relationship are indicated at the end of the text of the employment contract(place of residence of the employee, legal and postal address of the employer and other information).

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Before answering this question, you need to find out when the employment contract comes into force. According to Art. 61 of the Labor Code, an employment contract enters into force from the day it is signed by the employee and the employer, unless otherwise established by federal laws, other regulatory legal acts of the Russian Federation or an employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative.

A date other than the date of signing by the parties of the employment contract is used, for example, when concluding an employment contract with the head of a federal state unitary enterprise. The Model Employment Agreement with such a manager, approved by the order of the Ministry of Economic Development of Russia, states that an employment agreement signed by both parties shall enter into force from the date of agreement with federal body on federal property management.

If by the time of actual admission to work the employment contract has not been properly executed, it is nevertheless considered concluded. However, this rule only applies if the employee has started work with the knowledge or on behalf of the employer or his representative. It should be borne in mind that the representative of the employer in this case, as emphasized by the Plenum of the Armed Forces of the Russian Federation in Resolution No. 2 of March 17, 2004, is a person who, in accordance with the law, other regulatory legal acts, constituent documents legal entity (organization) or local regulations or by virtue of an employment contract concluded with this person is empowered to hire employees. It is in this case that, with the actual admission of the employee to work with the knowledge or on behalf of such a person, labor relations arise (Article 16 of the Labor Code) and the employer may be obliged to draw up a proper employment contract with this employee. As a general rule, an employee who has entered into an employment contract is obliged to start work on the next working day after the entry into force of the contract. However, the beginning of work may be determined differently, and in this case the employee is obliged to start performing work duties from the day specified in the employment contract. Part 4 of Art. 61 of the Labor Code provides for the consequences of failure to appear for work on time. If the employee does not start work on the set start date, the employer has the right to cancel the employment contract. A canceled employment contract is considered not concluded and the employer does not bear any obligations in relation to the employee who did not start work on time. There is only one exception. Cancellation of an employment contract does not deprive the employee of the right to receive compulsory social insurance coverage upon occurrence insured event in the period from the date of the conclusion of the employment contract until the day of its cancellation.

What is the procedure for applying for a job?

Registration of employment is carried out according to the rules provided for by Art. 68 of the Labor Code, according to which hiring is formalized by an order (order) of the employer, issued on the basis of a concluded employment contract. The order specifies: the surname, first name, patronymic of the employee, the name of the profession, specialty or position, qualifications (category, class), in accordance with which labor duties will be performed, as well as the conditions of remuneration.

05 Feb 2012 02:00

Labor contract- an agreement between the employer and the employee, in accordance with which the employer undertakes to provide the employee with work for a specified labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law, collective agreement, agreements, local regulations and this agreement , timely and in full pay wages to the employee, and the employee undertakes to personally perform the job function defined by this agreement, to comply with the internal labor regulations in force for this employer.
The parties are the employee and the employer.
The correct execution of the employment contract is important for the employee and the employer, since this is the main document on which the employment relationship is based.
However, the correctness of the employment contract can also be checked by the labor inspector, and if errors are found in the design or in the terms of the contract, the employer can be brought to administrative responsibility, established by Art. 5.27 of the Administrative Code of the Russian Federation for violation of labor legislation.
Note that this rule establishes a fine for heads of organizations in the amount of 1,000 to 5,000 rubles. (in case of a repeated offense - disqualification for a period of one to three years) and for organizations - from 30,000 to 50,000 rubles.

We draw up an employment contract

An employment contract is concluded in writing (Article 67 of the Labor Code of the Russian Federation).
Written form is provided for all types of employment contracts. Therefore, regardless of whether a fixed-term employment contract is concluded or an agreement for an indefinite period, whether the place of work for the employee is the main one or it is a part-time job, it is necessary to formalize an employment relationship by concluding a written employment contract.
If the employment contract is not executed in writing, this fact is the basis for holding the employer liable for non-compliance.

Note! The absence of a written employment contract does not indicate the absence of an employment relationship.
An employment contract that is not executed in writing is considered concluded if the employee started work with the knowledge or on behalf of the employer or his representative (Article 67 of the Labor Code of the Russian Federation).

An employment contract is drawn up in duplicate, one of which remains with the employer, and the second is transferred to the employee.
Each copy of the employment contract must be signed by both the employee and the employer.

Note! Upon receipt of his copy of the employment contract, the employee must sign on the copy of the employer's employment contract, which will confirm the fact that the employee has received the employment contract (Article 67 of the Labor Code of the Russian Federation). Therefore, we recommend that on the copy of the employer's contract provide a separate column "I received the employment contract, date and signature of the employee".
Note that the absence of such an employee's signature is one of the most common violations that labor inspectors reveal during inspections of employers on compliance with labor laws.

Age from which it is allowed to conclude an employment contract

According to the general rule established by labor legislation, an employment contract can be concluded with an employee who has reached the age of 16 (Article 63 of the Labor Code of the Russian Federation).

Note! If an employment contract is concluded with an employee under the age of 18, such an employee is previously sent by the employer to a mandatory medical checkup(Article 69 of the Labor Code of the Russian Federation). And only if there is a medical opinion, from which it follows that the work is not contraindicated for a young employee, the employer has the right to conclude an employment contract.

Note that it is possible to conclude an employment contract with persons under the age of 16, but only if the conditions established by the Labor Code of the Russian Federation are observed.
An employment contract with a 15-year-old employee may be concluded only for performing light work that does not harm his health.
The conclusion of an employment contract is possible only in the following cases:
- when a teenager has already received basic general education (finished 9 classes of a comprehensive school);
- continues to master the program of general education in a form of study other than full-time;
- the teenager, with the consent of the parents and the commission on juvenile affairs, left the general education institution (i.e., stopped studying at school).
With a 14-year-old student teenager, it is possible to conclude an employment contract in order to perform light work that does not harm his health and does not interfere with the learning process.
To conclude an employment contract, you must:
- consent of one of the parents (guardian) and the guardianship and guardianship authority;
- work should be done in free time from study and not disrupt the learning process.
Labor legislation provides for the possibility of concluding an employment contract with children younger age, but only by the following employers:
- organizations of cinematography;
- theaters;
- concert organizations;
- circuses.
It is possible to use the labor of children to create and (or) perform (exhibit) works without prejudice to their health and moral development.
To conclude an employment contract, you need permission from the guardianship and guardianship authority, which indicates the maximum permissible duration daily work and other conditions in which the work can be performed.
An employment contract is signed by the child's parent (guardian) on behalf of the child.

Terms of employment

An employment contract concluded between an employee and an employer is one of the key documents in the formation of labor relations. Each organization independently develops the text of an employment contract, while employment contracts may differ for different employees.
Despite the fact that the Labor Code of the Russian Federation regulates in some detail legal basis labor relations, an employment contract allows you to identify the nuances of labor relations.
Conditions such as, for example, the name of the position, the amount of remuneration, are mandatory conditions, individual for each employee.
The structure of the employment contract is as follows.
An employment contract must contain data that allows the identification of the employee and the employer.
In addition, the employment contract must contain the mandatory conditions listed in Art. 57 of the Labor Code of the Russian Federation.
In addition to those that are binding, an employment contract may contain additional conditions.

Note! Terms of an employment contract that do not comply with the principles of labor law are invalid.

So, the employment contract specifies:
- surname, name, patronymic of the employee and the name of the employer who entered into the employment contract;
- passport data of the employee;
- TIN (taxpayer identification number) of the employer;
- information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate powers;
- the place and date of the conclusion of the employment contract.

Mandatory conditions of an employment contract

Article 57 of the Labor Code of the Russian Federation lists the conditions that are mandatory for inclusion in an employment contract:
1. Place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another locality, the place of work with an indication of the separate structural unit and its location.
2. Labor function(work according to the position in accordance with the staffing table, profession, specialty with an indication of qualifications; the specific type of work entrusted to the employee).
Note that if the work performed for certain positions, professions, specialties legally provides for the provision of compensation and benefits or the presence of restrictions, then the name of these positions, professions or specialties and qualification requirements to them must comply with the names and requirements specified in the Unified tariff and qualification reference book of jobs and professions of workers or in the Unified qualification reference book of the positions of managers, specialists and employees, approved. Decree of the Government of the Russian Federation of October 31, 2002 N 787.
3. Start date.
4. Validity fixed-term contract; circumstances (reasons) that served as the basis for the conclusion of a fixed-term employment contract.

Note! As a general rule, employing organizations must enter into employment contracts for an indefinite period. A fixed-term employment contract is concluded when an employment relationship cannot be established for an indefinite period, taking into account the nature of the work ahead or the conditions for its performance, namely in the cases provided for in Art. 59 of the Labor Code of the Russian Federation.

One of the most common mistakes employers make when concluding an employment contract is concluding a fixed-term employment contract in the absence of a reason to do so.
By agreement of the parties, a fixed-term employment contract may be concluded only in the cases provided for in Part 2 of Art. 59 of the Labor Code of the Russian Federation.
For example, he has the right to conclude fixed-term employment contracts of an organization ( individual entrepreneurs) - small businesses, if the number of their employees is no more than 35 people.
If the employer carries out activities in the field retail and consumer services, the number of employees should not exceed 20 people.
And if the employer unreasonably entered into a fixed-term employment contract, the consequences may be as follows:
- the court may recognize such an agreement concluded for an indefinite period;
- the labor inspector can hold the employer liable for violation of labor laws.
5. Terms of remuneration(including the size of the wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments).
It should be noted that the amount of the official salary (tariff rate) of the employee must be indicated directly in the employment contract (this is established by Article 135 of the Labor Code of the Russian Federation).
However, many employers prefer to use the wording "Pay as per staffing" in the contract text instead. This is wrong.
For such a wording, the employer can be held liable for violation of labor laws.
6. Working hours and rest hours(if for this employee it differs from the general rules in force for this employer).
7. Compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of the working conditions at the workplace.
8. Conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work).
9. Condition on compulsory social insurance of the employee. For example: "The employee is subject to compulsory social insurance in accordance with the current legislation of the Russian Federation."
10. Other conditions in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms.

Note! Failure to include one or several mandatory conditions in the text of the agreement does not make such an agreement non-concluded and does not constitute a basis for terminating the employment contract. However, if Labour Inspectorate upon verification, it reveals the fact of non-reflection in the employment contract of mandatory conditions, the employer may be held administratively liable for violation of labor legislation.

Therefore, if there are no mandatory conditions in the text of the agreement, it is necessary to include them in the agreement. To do this, you should draw up a written annex to the contract, which will be an integral part of it.
Recall that all annexes to the contract must be signed by the parties - the employee and the employer.

Entry into force of the treaty

As a general rule, an employment contract comes into force from the day it is signed by the employee and the employer (Article 61 of the Labor Code of the Russian Federation). At the same time, the parties can independently determine the date of entry into force of the contract. For example, an employment contract was signed by the parties on 05/25/2011.
It states that it will enter into force on June 1, 2011.
Most often, an employment contract is signed on the day the employee starts to perform his job duties.
For example, an employment contract was signed on 10/17/2011.
The text of the contract contains a condition according to which the employee begins to perform his job duties from the date of its signing.
However, the dates of signing the employment contract and starting work may not coincide. The employment contract can provide for a specific date from which the employee begins to perform his job duties.
For example, an employment contract was signed by the parties on 10/30/2011. The contract stipulates that the employee begins to perform his job duties from November 11, 2011.
If the day of starting work is not specified in the employment contract, then the employee must start work on the next business day after the entry into force of the contract.
For example, an employment contract was signed on November 10, 2011.

Note! At present, the reasons why the employee did not start work on time do not matter for making a decision to cancel the contract. Previously (before 06.10.2006) the employer could cancel the employment contract only if the employee did not start work without good reason.

The term when the employee must start performing his job duties is not established by the contract. In this situation, the employee starts work on November 11, 2011.
A situation is possible when an employment contract is signed by the parties, but the employee did not start work on the day of the start of work.
In this case, the employer has the right to cancel such an employment contract. A canceled employment contract is considered not concluded (part 4 of article 61 of the Labor Code of the Russian Federation).
Note that cancellation of an employment contract is a right, not an obligation of the employer.
Therefore, the employer can use this right and issue an order to cancel the employment contract the very next day after the employee has not started work. The order can be issued at a later date, if the employee has not come to work.
At the same time, the employer can find out the reasons for the employee's absence from work and leave the employment contract in force.

Documents to be presented when concluding an employment contract

Article 65 of the Labor Code of the Russian Federation leads list of documents that the employee presents to the employer when concluding an employment contract:
- passport or other identity document;
- employment history, with the exception of cases when an employment contract is concluded for the first time or an employee enters a job on a part-time basis;
- insurance certificate of state pension insurance;
- the documents military registration for persons liable for military service and persons subject to conscription;
- a document on education, qualifications or availability of special knowledge - when applying for a job requiring special knowledge or special training.
Failure to submit these documents by the employee is the basis for refusal to conclude an employment contract.
The Labor Code of the Russian Federation prohibits employers from demanding from an employee any documents other than the above.
Often, employers, when concluding an employment contract, require employees to submit a certificate of assignment of a TIN (taxpayer identification number).
However, this document is not included in the list of documents that the employee must present to the employer. Therefore, the employee's lack of a certificate of assignment of a TIN cannot serve as a basis for refusing to conclude an employment contract.
When concluding an employment contract for the first time, the work book and the insurance certificate of the state pension insurance are drawn up by the employer.
Note that the absence of a work book does not actually prevent the conclusion of an employment contract.
In the event that an employee does not have a work book, for example, due to its loss, he must write to the employer a corresponding statement indicating the reason for the absence of a work book.
The employer, in turn, must draw up a workbook of a valid sample for the employee and make the appropriate entries in it.
When a new work book is drawn up, information is entered into it about the general and (or) continuous work experience of the employee before admission to this employer, confirmed by the relevant documents. The total work experience is recorded in total, i.e. the total number of years, months, days of work is indicated without specifying the employer, periods of work and positions of the employee (Letter of Rostrud dated April 30, 2008 N 1026-6).

The concept and content of an employment contract.

The form and procedure for concluding an employment contract.

Grounds for terminating an employment contract.

1. Concept and content of an employment contract

Labor contract - an agreement between the employer and the employee, in accordance with which the employer undertakes to provide the employee with work for a specified labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations and with this agreement, pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the job function defined by this agreement, to comply with the internal labor regulations in force for this employer (Article 56 of the Labor Code of the Russian Federation).

The employment contract specifies:

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

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

taxpayer identification number (for employers, with the exception of employers who are individuals who are not individual entrepreneurs);

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

place and date of conclusion of the employment contract.

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

place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another locality, the place of work with an indication of the separate structural unit and its location;

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

the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for the conclusion of a fixed-term employment contract in accordance with Labor Code or other federal law;

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

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

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

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

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

other conditions in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms.

If, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing an employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or a separate agreement of the parties concluded in writing, which are an integral part of the employment contract.

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

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

about the test;

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

on the employee's obligation to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;

on the types and conditions of additional insurance for the employee;

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

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

By agreement of the parties, the labor contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements ... Failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

An employment contract can be concluded for a specified period (fixed-term employment contract) and an employment contract with an indefinite period of validity. The maximum term for which a fixed-term employment contract can be concluded is five years.

2. Form and procedure for concluding an employment contract

An employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is handed over to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer.

An employment contract that is not executed in writing is considered concluded if the employee has begun work with the knowledge or on behalf of the employer or his representative. With the actual admission of the employee to work, the employer is obliged to conclude an employment contract with him in writing no later than three working days from the date of the actual admission of the employee to work.

When concluding labor contracts with certain categories of employees, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding labor contracts or their conditions with relevant persons or bodies that are not employers under these contracts, or drafting labor contracts in a larger number of copies (Article 67 of the Labor Code of the Russian Federation).

Guarantees when concluding an employment contract (Article 64 of the Labor Code of the Russian Federation):

Unjustified refusal to conclude an employment contract is prohibited.

Any direct or indirect limitation of rights or the establishment of direct or indirect advantages when concluding an employment contract, depending on gender, race, skin color, nationality, language, origin, property, social and official position, age, place of residence (including the presence or absence of registration at the place of residence or stay), as well as other circumstances not related to the business qualities of employees are not allowed, except as otherwise provided by federal law.

It is forbidden to refuse to conclude an employment contract for women for reasons related to pregnancy or the presence of children.

It is prohibited to refuse to conclude an employment contract for employees invited in writing to work by transfer from another employer within one month from the date of dismissal from their previous place of work.

At the request of the person who has been refused to conclude an employment contract, the employer is obliged to inform the reason for the refusal in writing.

Refusal to conclude an employment contract can be appealed in court.

Documents to be presented when concluding an employment contract:

When concluding an employment contract, a person applying for work presents to the employer:

passport or other identity document;

work book, except for cases when an employment contract is concluded for the first time or an employee starts working on a part-time basis;

insurance certificate of state pension insurance;

military registration documents - for persons liable for military service and persons subject to conscription;

a document on education, qualifications or special knowledge - when applying for a job requiring special knowledge or special training.

In some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.

It is prohibited to demand from a person applying for work documents other than those provided for by the Labor Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

When concluding an employment contract for the first time, the work book and the insurance certificate of the state pension insurance are drawn up by the employer.

If a person applying for work does not have a work book due to its loss, damage or for another reason, the employer is obliged, upon written application of this person (indicating the reason for the absence of a work book), to issue a new work book (Article 65 of the Labor Code of the Russian Federation).

The work record book of the established sample is the main document on the labor activity and work experience of the employee (Article 66 of the Labor Code of the Russian Federation).

Applying for a job:

Hiring is formalized by the order (order) of the employer, issued on the basis of the concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.

The order (instruction) of the employer for employment is announced to the employee against signature within three days from the date of the actual start of work. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction).

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations, other local regulations directly related to the employee's labor activity, the collective agreement (Article 68 of the Labor Code of the Russian Federation).

Persons under the age of eighteen, as well as other persons in cases provided for by this Code and other federal laws (Article 69 of the Labor Code of the Russian Federation), are subject to mandatory preliminary medical examination (examination) when concluding an employment contract.

Job test:

When concluding an employment contract, by agreement of the parties, a condition may be provided for testing the employee in order to verify his compliance with the assigned work.

The absence of a test condition in the employment contract means that the employee was hired without a test.

During the trial period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations.

A test at hiring is not established for:

persons elected through a competition for filling the relevant position, held in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms;

pregnant women and women with children under the age of one and a half years;

persons under the age of eighteen;

graduates with state accreditation educational institutions primary, secondary and higher vocational education and for the first time entering work in the received specialty within one year from the date of graduation from an educational institution;

persons elected to an elective position for a paid job;

persons invited to work by transfer from another employer as agreed between employers;

persons who conclude an employment contract for up to two months;

other persons in the cases provided for by the Labor Code, other federal laws, collective agreement.

The trial period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise provided by federal law.

When concluding an employment contract for a period of two to six months, the trial cannot exceed two weeks.

The trial period does not include the period of temporary disability of the employee and other periods when he was actually absent from work (Article 70 of the Labor Code of the Russian Federation).

If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiry of the test period, notifying him of this in writing not later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as not having passed the test. The employee has the right to appeal against the employer's decision in court.

If the test result is unsatisfactory, the termination of the employment contract is carried out without taking into account the opinion of the relevant trade union body and without payment of severance pay.

If the test period has expired, and the employee continues to work, then he is considered to have passed the test and the subsequent termination of the employment contract is allowed only on a general basis.

If, during the trial period, the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract under on their own by notifying the employer about this in writing three days in advance (Article 71 of the Labor Code of the Russian Federation).

3. Grounds for termination of an employment contract

The grounds for terminating an employment contract are:

agreement of the parties;

expiration of the term of the employment contract;

termination of the employment contract at the initiative of the employee;

termination of an employment contract at the initiative of the employer;

circumstances beyond the control of the parties.

Let's consider the listed grounds in more detail:

An employment contract can be terminated at any time by agreement of the parties to the employment contract.

A fixed-term employment contract is terminated upon the expiration of its validity period. The employee must be notified in writing of the termination of an employment contract due to the expiration of its validity period at least three calendar days before dismissal, except for cases when the term of the fixed-term employment contract concluded at the time of the performance of the duties of the absent employee expires.

An employment contract concluded for the duration of a specific job terminates upon completion of that job.

An employment contract concluded for the duration of the performance of the duties of an absent employee is terminated with the release of this employee to work.

An employment contract concluded for the performance of seasonal work during a certain period (season) terminates at the end of this period (season) (Articles 78, 79 of the Labor Code of the Russian Federation).

Termination of an employment contract at the initiative of the employee (at his own request):

The employee has the right to terminate the employment contract by notifying the employer about this in writing not later than two weeks, unless another period is established by the Labor Code or other federal law. The course of the specified period begins on the next day after the employer receives the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiry of the notice of dismissal.

In cases where the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing the norms of labor law, local regulations, the terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the time period specified in the employee's application.

Before the expiry of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not made, unless another employee is invited in his place in writing, who, in accordance with the Labor Code and other federal laws, cannot be denied to conclude an employment contract.

Upon expiration of the term of the notice of dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee with a work book, other documents related to the work, upon a written application from the employee, and make a final settlement with him.

If, after the expiry of the notice of dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues (Article 80 of the Labor Code of the Russian Federation).

Termination of an employment contract at the initiative of the employer:

An employment contract may be terminated by the employer in the following cases:

liquidation of an organization or termination of activities by an individual entrepreneur;

reduction of the number or staff of employees of an organization, an individual entrepreneur;

inconsistency of the employee with the position or work performed due to insufficient qualifications, confirmed by the results of attestation;

change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);

repeated non-performance by the employee without good reason of labor duties, if he has a disciplinary penalty;

one-time gross violation of labor duties by an employee:

a) truancy, that is, absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift);

b) the appearance of an employee at work (at his workplace or on the territory of an organization - an employer or an object where, on behalf of the employer, an employee must perform a labor function) in a state of alcoholic, drug or other toxic intoxication;

c) disclosure of secrets protected by law (state, commercial, official and other) that have become known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;

d) committing at the place of work theft (including minor) of someone else's property, embezzlement, deliberate destruction or damage, established by a court verdict that has entered into legal force or by a decision of a judge, body, official authorized to consider cases of administrative offenses;

e) violation of labor protection requirements established by the labor protection commission or the labor protection authorized by the employee, if this violation entailed grave consequences (industrial accident, accident, catastrophe) or knowingly created a real threat of such consequences;

the commission of guilty acts by an employee directly serving money or commodity values if these actions give rise to the loss of confidence in him on the part of the employer;

an employee performing educational functions has committed an immoral offense incompatible with the continuation of this work;

making an unreasonable decision by the head of the organization (branch, representative office), his deputies and chief accountant that entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

one-time gross violation by the head of the organization (branch, representative office), his deputies of their job duties;

submission by the employee to the employer of forged documents when concluding an employment contract;

provided for by an employment contract with the head of the organization, members of the collegial executive body organizations;

as well as in other cases established by the Labor Code and other federal laws (Article 81 of the Labor Code of the Russian Federation).

Termination of an employment contract due to circumstances beyond the control of the parties:

conscription of an employee for military service or sending him to an alternative civilian service replacing it;

reinstatement of an employee who previously performed this work, by decision of the state labor inspectorate or the court;

non-election to office;

conviction of the employee to a punishment that excludes the continuation of the previous work, in accordance with the court verdict, which entered into legal force;

recognition of an employee as completely incapable of work in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation;

death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing;

the onset of extraordinary circumstances that prevent the continuation of labor relations (military action, catastrophe, natural disaster, major accident, epidemic and other extraordinary circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a government body of the corresponding constituent entity of the Russian Federation;

disqualification or other administrative punishment excluding the possibility of the employee fulfilling his obligations under the employment contract;

expiration, suspension for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, the right to carry weapons, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails for itself the impossibility of the employee to fulfill his obligations under the employment contract;

termination of admission to state secrets, if the work performed requires such admission;

cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate to reinstate an employee at work;

bringing total employees who are foreign citizens or stateless persons, in accordance with the permissible share of such employees established by the Government of the Russian Federation for employers carrying out certain types of economic activity on the territory of the Russian Federation.

Until 1992, in Russia, when hiring, there was an oral form of an employment contract, when the employee performed his direct duties, and the employer simply made an entry about this in the work book. After the entry into force of the Law of the Russian Federation No. 3543-1 of September 25, 1992, the situation changed, and the state obliged the leaders to draw up contracts in writing, and later this was reinforced by the norms of Art. 67 of the Labor Code of the Russian Federation, which says that an agreement not concluded in writing is considered valid if the employee started work with the knowledge or on behalf of the director.

Verbal transactions are allowed only The Civil Code, but in an employment relationship, they are unacceptable for several reasons:

• An employment order is drawn up on the basis of an employment contract.
• The agreement is created in two copies: one remains with the employer, and the second with the employee. This makes it possible to establish the fact of the existence of labor relations in court proceedings initiated by the employee, since the document can be used as evidence.
• The employment contract determines not only the term of work, but also the conditions: usual, at night, harmful. Based on this, it is calculated wage since under difficult conditions, the employee is entitled to additional compensation and additional payments.

In essence, employment contracts are divided into several types:

• Urgent: with advance set deadline during which the employee will perform his functions at the enterprise. For example, seasonal work, contracts, etc. The duration of such a relationship cannot exceed 5 years, after which the document must be renewed or renewed, otherwise it will be considered automatically terminated.
• Indefinite: a specific period of work is not indicated in them. As a rule, such documents are drawn up for employment on a permanent basis or part-time.
• With an unspecified timeframe: such a document is usually drawn up in cases where it is necessary to perform a certain amount of work, and their temporary nature is indicated in the Charter of the organization.
• The applicant applies to the organization for employment, providing Required documents: diploma of education, work record book (if any), as well as the application for employment itself.
• The employer enters into an employment agreement with the employee. If it is provided for probation, this must be reflected in the document.
• Further, the manager issues an order for employment and gives it to the employee for signature, then a personal card is drawn up for him, and the corresponding entries are made in the work book.

general information

As mentioned earlier, the execution of an employment contract when applying for a job is a prerequisite, and the procedure itself looks as a whole as follows:

As for the employment contract, it can be concluded in a simple written form, because unified form for him, no. It should contain the following information:

• Information about the employee and employer (full name, name of the organization).
• The position for which the employee is accepted, as well as the date of commencement of employment.
• Rights and obligations of the parties.
• Labor remuneration conditions.
• Working day and rest time.
• Guarantees and compensations.
• Responsibility of the parties.
• Terms of termination of the contract.

Before filling out all the documents, the employee must be familiar with the job description, according to which he will have to fulfill his duties, because this will allow him to have a clear idea of ​​the work being done.

Types of employment contracts

The classification of labor contracts is made according to the timing and nature of the work. Fixed-term agreements, in turn, are divided into several types:

• With a certain period of validity. Relevant for elective offices: deputies, governors, rectors educational institutions... It indicates the exact expiration date of his term, after which he can be reissued through re-election.
• With a relatively definite period of validity. As a rule, such contracts are drawn up in organizations specially created to carry out specific work with a set scope: for example, the headquarters of an election campaign.
• Urgent: issued with seasonal workers or in cases where a temporary replacement of an absent employee is required.

Also, a fixed-term employment agreement can be concluded in certain situations:

• if urgent emergency work is required;
• with certain categories of workers: art workers, students, seafarers working in the Far North, with part-time workers.

By the nature of the labor relationship, contracts are divided into two types:

• For basic work. In this case, it is understood that the employee will perform job duties on an ongoing basis, and his work book will be kept in the personnel department of the enterprise.
• For part-time work. This type of activity is possible during free time from the main work, not exceeding half of the working day. Labor remuneration is made on a general basis. Combination, in turn, is also divided into two types: internal, when an employee works in different positions in one company, and external, when he works in two organizations.

What are the contracts depending on the working conditions:

• For work under normal conditions: the duration of the working day in this case is normalized, labor activity at night or in hazardous establishments is not provided.
• For work at night. The shift schedule can also be attributed to this category, however, such an agreement, according to the law, cannot be concluded with minors and pregnant women, because facilitated working conditions are provided for them.
• For work in hazardous or harmful conditions... The list of such works is established by the Decree of the Government of the Russian Federation of February 25, 2000 No. 162. This includes foundries, welding, boiler houses, metalworking and other similar enterprises.
• For work in special climatic conditions. For example, in the Far North or equivalent regions.

In addition to the above types of contracts, there is a separate type - a contract. It refers to urgent and is usually concluded with military personnel, police officers and other law enforcement agencies when hiring. Its duration is up to 5 years, but at the initial stage, the service life is limited to three years. Subsequently, the contract can be reissued, and if this does not happen, it is considered automatically terminated on the basis of its expiration. What is the difference between a regular employment agreement and a contract:

• The contract can be either urgent or indefinite, the contract is drawn up strictly for a certain period.
• Under the contract, the manager can terminate the employment relationship early if there are additional grounds provided for by him and by special regulatory legal acts, while the dismissal of those employed under the contract is carried out only in accordance with the norms of the Labor Code of the Russian Federation.

Also, a distinguishing feature of a contract from a simple contract is that it is impossible to force an employee to leave of his own free will. for termination, at least one of the following conditions must be met:

• expiration of the validity period;
• mutual consent of the parties;
• failure to comply with the obligations of one of the parties.

When is the oral form allowed?

According to the law, an employment contract is considered completed from the moment the employee begins to fulfill his labor functions subject to management notification and clearance. The employer is obliged to draw up a written agreement with the employee within three days after he started his duties, otherwise the absence of a document will be considered a violation of labor law.

If a civil contract was originally drawn up, but later the relationship was recognized as labor, the agreement must also be drawn up within three days.

Thus, the oral form of an employment contract is in any case not allowed, and the differences between a written document and a transaction within the framework of civil law are as follows:

• a civil contract presupposes the presence of a customer and a contractor, and a labor contract presupposes an employee and an employer;
• in the first case, the execution certain works in specific terms, while labor can be concluded for an indefinite period;
• in civil law relations, it is not the rules for performing work that are important, but the end result, and in labor it is necessary to comply with the job description;
• a citizen employed under the TD undertakes to comply with the working time schedule established in the organization, and upon the conclusion of the GPA, the contractor has the right to independently regulate his mode of work;
• the manager who issued the TD must independently provide the employee with the necessary materials and conditions, and when signing the GPA, the executor does this himself;
• the TD provides for a number of guarantees and compensations: vacation and sick leave payments, dismissal payments, minimum leave of 28 days, etc. employed under the GPA are guaranteed only the enrollment of the hours worked in the total insurance experience, as well as the transfer of contributions to the MHIF and the Pension Fund of the Russian Federation.

Responsibility for violation of labor laws for the employer also occurs if he has issued an order for employment, but has not concluded an employment contract with the employee, because this is considered a violation. The punishment is provided for by Art. 5. 27 and 5.27.1 of the Administrative Code of the Russian Federation, and the sanctions depend on the form of activity (legal entity or individual) and the severity of the offense: it is possible to impose an administrative fine, disqualification for a certain period, warning.