General procedure for concluding an employment contract. An employment contract can currently only be concluded in writing, usually in two copies: one copy is given to the employee. Rules for drawing up an employment contract

Materials

An employment contract between an employer and an employee is an agreement under which mutual rights and obligations are formalized employee and employer.

  1. Tenant (employer) - a legal or physical adult registered as an individual entrepreneur has the right to conclude employment contracts as employers.
  2. Conclude with school students aged 16 or 15 years old. For the latter, only light, non-hard work is allowed, work that does not cause harm or discomfort to their well-being/health (Article 63 of the Labor Code of the Russian Federation).

It happens that by law the employer is forced to refuse:

  • persons who have not reached the legal age (for example, it is impossible to enter into an agreement with minors in the Far North);
  • Russians who have citizenship of another state and are applying for government jobs. service;
  • citizens with a criminal record (they cannot hold certain positions).

Options

When and for how long is an employment contract concluded? The Labor Code divides contracts into two types: for an indefinite period and fixed-term. The first option is applicable if long-term cooperation is planned between the parties. The second option is necessary when the employee performs specific task in a short time.

As already described above, concluding an employment agreement is beneficial to both parties. For the employer this is performance guarantee job responsibilities employee, compliance with it general rules internal regulations.

And for the employee it’s guarantee of receiving salary on time, as well as all monetary payments required by law, safe working conditions and an additional social package (free food, travel, medical care, insurance, etc.)

Conclusion algorithm

To conclude a contract, the future employee must present:

  • a passport or other package of documents capable of verifying his identity;
  • work book;
  • insurance certificate;
  • a diploma or certificate indicating the education received, advanced training, etc.;
  • military registration documents for the corresponding category of citizens;
  • certificate of no criminal record.

If an employment contract is concluded for the first time, the employer independently draws up the documents in accordance with paragraphs 2 and 3.

ATTENTION! Restrictions upon imprisonment employment contract— it is prohibited to demand documents and papers not provided for by the Labor Code of the Russian Federation () and federal laws.

You can download a sample employment contract with an employee.

General procedure

Let's consider general order concluding an employment contract with a worker. How to apply? What form does it take? In how many copies? Employment contract form - written/printed in duplicate (not copies!). The employee's receipt of a copy of the employment contract must be confirmed by the employee's signature on the employer's copy.

In addition to the fact that an employment contract can only be concluded in writing, registration is possible:

  1. By verbal agreement.
  2. In accordance with internal regulations.
  3. The working conditions may be described in a letter from the employer with a specific offer.
  4. According to established legislative standards (for an employee, not less than the established minimum level).
  5. By drafting (between the employer and various associations).

If the employee is actually allowed to perform his duties, the employer has 3 working days to draw up an employment contract, in accordance with the norms.

Otherwise, he will be obliged to pay the employee funds according to the amount of time he last worked.

Who signs the employment contract first - the employee or the employer?

There is no fundamental difference in the order in which the agreement is signed. This is not stated in the Labor Code of the Russian Federation or other acts or laws.. As a rule, in organizations this issue is dealt with by the HR department, whose employees are the first to give the contract to the future employee to sign, after which they present it to the employer.

Is the employer stamping the employment contract? The company seal is not required, since it is not provided for by the Code of the Russian Federation, unlike the signatures of the parties. Therefore, the absence of a seal does not invalidate the contract if it bears the signatures of both parties.

REFERENCE! An employment contract is considered concluded from the moment it was signed by both parties, unless other points were established by legislative and regulatory acts (Article 61 of the Labor Code of the Russian Federation).

Receiving your copy of the document

It is important that the employment contract is in the hands of the employee. This issue is discussed in Article 67 of the Labor Code of the Russian Federation. The employer is required to provide the original agreement. If you haven’t received an employment contract, employee can complain to higher authorities, for example, to the labor inspectorate.

IMPORTANT! The employer has the right not to issue the employee a duplicate of the lost employment contract. In return he may issue a copy of the document. The employer’s position is legitimate and justified by Article 62 of the Labor Code of the Russian Federation, which refers to the issuance of copies of documents, and not duplicates.

Guarantees

All guarantees when concluding an employment contract are regulated by 64 articles of the Labor Code of the Russian Federation.

  1. Unreasonable and unmotivated refusal is prohibited the employer in concluding the contract.
  2. It is prohibited to limit a person's rights based on his race, gender, attitude to religion, origin, etc.
  3. Refusal for pregnant women or women with many children is also prohibited.
  4. The agreement cannot be denied to employees from another employer upon written request within 30 days.

ATTENTION! In case of refusal to conclude a contract, the employee may request in writing the reason for the refusal. The employer must also provide the document in writing within one week.

Difficulties

Refusal of the employee to sign the agreement

Practice shows that such situations are exceptions to the rules. Since most often the employer, and not the employee, refuses to sign the document. Let's look at this point further.

An employment contract is considered not concluded if the employee does not sign the agreement, the contract is invalid and cannot come into force. The employer has the right to enter into a contract with another applicant.

If a citizen applying for a job meets all the requirements of the employer and he, in turn, does not want to lose him, then the details and terms of the contract are clarified, which is why the applicant refuses to sign the contract. Some employers seek compromise or make concessions in order not to lose a valuable employee.

The administrative commission and the document on refusal of signature drawn up by it will confirm the actions of the applicant. The main thing in this situation is for the employer to complete all documentation correctly and in accordance with the law.

Employer's refusal

If the employer does not sign the employment contract, then, as in the first case, the contract will not be considered valid. In fact, the employer refuses to enter into a contract.

This has already been covered before: the applicant has the right to do written request asking for a reason, according to which he is not signed a contract.

If the employer does not provide a copy of the employment contract

The employee may leave the organization or begin collecting the necessary documentation for legal disputes.

If the employee takes action on the second option, he attention should be paid to:

  • availability of a corresponding entry in the work book;
  • availability of a certified copy of the employment order.

Additionally, documents confirming the employee’s position, salary, and start date may be required. It is advisable to have all documents in the form of certified copies. Find out this question necessary in accordance with the procedure established by law.

Knowing legislative acts and regulatory documents, the applicant and employer will be able to defend their rights in any situation. But It is best not to bring the matter to trial. It is important to initially read the documentation carefully, pay attention to details and clarify unclear points.

Useful video

This video explains the intricacies of concluding an employment contract:

1. Written form of the employment contract in accordance with Part 1 of Art. 67 of the Labor Code of the Russian Federation is mandatory.

Concluding an employment contract in writing means that the employee and the employer draw up a special document - an agreement, which reflects the names of the parties, the mandatory conditions of the employment contract, incl. labor function, other working conditions (see commentary to Article 57). This agreement is drawn up in two copies, each of which is certified by the signature of the employee and the representative of the employer or the employer - an individual.

One copy of the employment contract is given to the employee, the other is kept by the employer. The fact that the employee received one copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer. This rule is aimed at protecting the interests of both employees and the employer.

Legislation and other normative legal acts containing norms labor law, when concluding employment contracts with certain categories of employees, it may be necessary to agree on the possibility of concluding employment contracts or their terms with the relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts in more copies (Part 3 of Article 67 of the Labor Code of the Russian Federation).

A written form of an employment contract is required both at the main place of work and when applying for a part-time job. In this case, it does not matter where the employee goes for part-time work - to the same employer for whom the work he performs is the main one, or to another employer.

2. The current legislation does not establish a general (unified) standard form written employment contract. In each specific case it is determined arbitrarily. However, when concluding an employment contract, it is necessary to take into account the provisions of Art. 57 of the Labor Code on the contents of the employment contract (see commentary to it).

As the basis for developing the form of a written employment contract, many organizations use the Recommendations for concluding an employment agreement (contract) in writing and the Sample form of an employment agreement (contract), approved. Resolution of the Ministry of Labor of Russia of July 14, 1993 N 135 (Bulletin of the Ministry of Labor of Russia. 1993. N 9 - 10)<1>.

For some categories of workers, taking into account the specifics of their work, the relevant ministries have approved approximate forms of written employment contracts. Thus, Resolution of the Ministry of Labor of Russia dated July 23, 1998 N 29 approved Recommendations for concluding an employment agreement (contract), reflecting the specifics of regulating social and labor relations in the North, and a sample employment agreement (contract) with an employee hired to perform work in the regions The Far North and equivalent areas (Bulletin of the Ministry of Labor of Russia. 1998. No. 9). Order of the Ministry of Economic Development of Russia dated March 2, 2005 N 49 approved a sample employment contract with the head of the federal state unitary enterprise(BNA RF. 2005. N 23). Order of the Ministry of Health and Social Development of Russia dated August 14, 2008 N 424n approved the Recommendations for concluding an employment contract with an employee of a federal budgetary institution and its approximate form.

Since all of these acts were adopted in different times, incl. and before the entry into force of Federal Law No. 90-FZ of June 30, 2006, they should be applied only to the extent that does not contradict the Labor Code as amended by the said Law.

3. Responsibility for compliance with the procedure for concluding an employment contract rests with the head of the organization. The employee does not bear any responsibility for the fact that the employment contract with him is not drawn up in writing or is drawn up improperly, or an order for his employment has not been issued.

In order to avoid unfavorable consequences for the employee caused by violation of the procedure for concluding an employment contract, Part 2 of Article 67 of the Labor Code of the Russian Federation provides that if the employment contract was not properly drawn up, but the employee actually began work with the knowledge or on behalf of the employer or his authorized representative, then the employment contract is considered concluded and the employer or his authorized representative is obliged no later than 3 working days from the date of actual admission to work to draw up the employment contract in writing.

It should be borne in mind that the representative of the employer in this case is a person who, in accordance with the law, other regulatory legal acts, constituent documents a legal entity (organization) or local regulations or by virtue of an employment contract concluded with this person is vested with the authority to hire workers, since it is in this case that when an employee is actually admitted to work with the knowledge or on behalf of such a person, problems arise labor relations(Article 16 of the Labor Code) and the employer may be obligated to formalize an employment contract with this employee in a proper manner (clause 12 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2).

The employer undertakes to provide the employee with workplace with appropriate working conditions, pay for his work in the established amount.

The employee, in accordance with the contract, undertakes to perform the labor functions prescribed by the document and comply with the rules established in the organization (Article 56 of the Labor Code of the Russian Federation).

Between which persons can a TD be concluded?

In what cases?

The emergence of an employment relationship must be confirmed by signing a TD between the parties. When selecting an employee for an open vacancy, the employer sets certain requirements that the candidate must meet. If the applicant has the necessary skills and has passed the competitive selection process, this may serve as the basis for concluding an agreement.

Below is an algorithm for concluding contracts with employees and what is required when applying for a job. As well as an approximate form and sample of an employment contract between an employer and an employee.

Important! If the employer refuses to conclude a contract for the candidate for the reasons specified in Art. 64 of the Labor Code of the Russian Federation, the employee has the right to appeal such a decision in court.

Is this required for employment?

Some employers tell their employees who are new to the norms and subtleties of the legislation of the Russian Federation that they are not obliged to conclude and sign an employment contract, but this is not the case. To the question whether it is necessary to conclude a contract when applying for a job, a clear answer is contained in Art. 67 Labor Code of the Russian Federation, according to which The TD is drawn up in writing, in two copies., one of which the employee must receive in his hands after being hired at the enterprise.

If the employee has begun to perform his labor functions by order of the employer, but the documents have not yet been signed, then the contract is considered concluded (Article 67 of the Labor Code of the Russian Federation).

If a manager, when hiring a new employee, avoids signing documents, does not issue a second copy of the contract, or does not familiarize them with the hiring order, then this can be regarded as a violation of the Labor Code of the Russian Federation.

  • passport;
  • work book;
  • SNILS;
  • documents from the military registration and enlistment office;
  • diploma of education;
  • certificate of presence or absence of criminal record;
  • a certificate stating whether the person was brought to administrative responsibility for the use of narcotic and psychotropic substances not related to medical indications.

Upon first employment, the work book and SNILS are prepared by the employer.

According to Art. 65 of the Labor Code of the Russian Federation, the employer does not have the right to demand from an employee hired documents that are not provided for by this Code, other federal laws, or presidential decrees Russian Federation and decrees of the Government of the Russian Federation (Article 65 of the Labor Code of the Russian Federation).

How to draw up a contract with an employee?

Let us now consider in what form the contract should be concluded, whether any other form other than written can be used. According to the law, a TD can only be concluded in writing (Article 67 of the Labor Code of the Russian Federation). The document is drawn up in two copies, one for each party. The employee must receive his own copy, signed by the employer.

One of the points that must be contained in the contract concluded between the employee and the employer is the start date of work (Article 57 of the Labor Code of the Russian Federation). As a rule, it coincides with the date of conclusion of the TD. If the relationship is formalized on an indefinite basis, then only this date is present in the contract, and if the contract is signed for a certain period, then the TD will also indicate its expiration date, that is, for how long the contract is concluded.

If the document has not yet been signed, but the employee has already taken his workplace and started performing his duties, then the contract is considered concluded.

We talked in more detail about how to draw up an employment contract.

What if the document is not completed?

Labor legislation specifies only a written form for concluding a labor agreement (Article 67 of the Labor Code of the Russian Federation). If the document is not drawn up and signed by the parties, this is a violation of labor laws, and in this case the contract is considered not concluded.

An employee faced with such a situation must understand what may arise in the future. controversial issue with the employer, and in order to defend his rights, the employee will need to make a lot of effort.

Important! An employee can defend his rights in the labor inspectorate, prosecutor's office or court.

Who signs and is there a stamp?

The norms of labor legislation do not establish a specific order of who signs the document first - the employee or the employer. As a general rule, when a TD is concluded, the employee is the first to sign it, since the HR department is often responsible for preparing employment documents.

Having received the TD with his signature from the employee, the personnel department passes it on to the manager for signature. Whether a seal is affixed by the employer - this issue is resolved in each organization in its own way. The presence of an organization's seal in a document is not required (Articles 57, 67 of the Labor Code of the Russian Federation).

Deadlines for registration

It is important to know what is considered the moment of commencement of the TD: if the employee has in fact already started work on behalf of the employer, then the TD is considered concluded with him, even if the document has not yet been properly drawn up (Article 67 of the Labor Code of the Russian Federation). The employer is obliged to issue a TD with such an employee no later than three days from the date of actual admission to work.

The TD comes into force on the day it is signed by the parties or on the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative (Article 61 of the Labor Code of the Russian Federation).

How many copies of the contract should there be and how to get one of them?


According to Art. 67 of the Labor Code of the Russian Federation, the TD is concluded in writing in two copies, one of which is given to the employee. In this case, the employee’s receipt of a copy must be confirmed by the employee’s signature on a copy of the TD, subsequently stored by the employer. If the document has not been issued, then in order to receive it, the employee can contact his employer with a written statement in which he voices his request for the issuance of the document.

It is necessary to ensure that the application is accepted and registered as incoming correspondence. If the employer does not respond to the employee’s statement, a copy of such statement will be required to resolve the issue in court.

What legal guarantees are established?

The Labor Code of the Russian Federation establishes guarantees for concluding trade agreements. According to Art. 64 Labor Code of the Russian Federation:

  • the employer cannot refuse to conclude a TD without a justified reason;
  • it is prohibited to refuse to conclude a TD depending on race, nationality, language, place of residence, or membership in public organizations;
  • it is prohibited to refuse to register an employment relationship with a woman because she is pregnant or has a child;
  • You cannot refuse employment to employees who were invited in writing and are transferred to work from another employer.

An employee who has been refused a TD has the right to demand that the employer provide the reason for the refusal in writing. From the moment the request is submitted, the employer has 7 days to provide a response.

Possible problems and their solutions

If the employee refuses to sign


If the head of an organization wants to formalize labor relations in accordance with the law, and the employee refuses to sign an employment contract, then the following actions must be taken:

  1. record the fact of refusal to sign the document (in writing, video, but only with consent);
  2. give the employee a copy of the order for his employment;
  3. familiarize yourself with internal documents against signature;
  4. organize an internship.

If after the above actions the employee continues to refuse, then he cannot be accepted.

The employer does not issue a visa

If the employer does not sign the employment documents, the employee should persistently ask him to do so, orally or in writing, referring to Art. 67 Labor Code of the Russian Federation. In addition, you need to ask to read the employment order and make a corresponding note in the work book (Article 66, Article 68 of the Labor Code of the Russian Federation).

If no action has been taken by the organization, then it is necessary to begin protecting your rights in the labor inspectorate or court. To prove the fact of employment, the employee will need to provide evidence (work reports, certificates). In addition, the fact of work can be proven with the help of audio and video materials, as well as witnesses (Article 55 of the Code of Civil Procedure of the Russian Federation).

They don’t give you a copy

If an employee at a new place of work is not given a copy of the contract, then he can begin to demand the document in writing. If it is not issued, then the next step will be to contact the labor inspectorate with a statement of violation of Art. 67 Labor Code of the Russian Federation. When filing a complaint with the inspectorate, you will need to provide a copy of the application to the manager, which indicates a request to provide the employee with a copy of the contract.

Based on the request, the labor inspectorate organizes an inspection at the enterprise. If a violation of the law is confirmed and the employee is indeed not given a copy of the TD, then the employer of the enterprise will be issued an order to eliminate the violations, and he may also be brought to administrative liability (Article 5.27 of the Administrative Code).

The hiring of an employee must be completed in accordance with all legal requirements. Concluding a written agreement with an employee is the direct responsibility of any employer. In practice, employers often do not adhere to the rules, and many employees, not knowing how to resolve the issue, continue to fulfill their obligations without proper documentation. Official employment cannot be executed without signing a TD between the parties and receiving one copy of the document by the employee himself.

The first thing an employee must do after successfully passing an interview and receiving a job offer is to enter into an employment contract. In order to secure your rights and obligations as correctly as possible, it is necessary to correctly draw up an employment contract.

Definition of “Employment contract”, according to the Labor Code of the Russian Federation:

An employment contract is a document that establishes the relationship between an employee and an employer, according to which the latter undertakes to hire an employee for a specific position and provide appropriate working conditions. pay wages on time and in full, and the first must perform all functions assigned to him, in accordance with his position, and adhere to the daily routine adopted in this organization.

Procedure for drawing up an employment contract

After the employee and employer have reached a verbal agreement on all issues related to the upcoming position, the process of drawing up an employment contract begins. Conventionally, the employment contract is divided into 3 stages.

Stage 1. Submission of documents

The employee submits to his employer, or rather, submits to the HR department the following documents:

  • Passport;
  • A document confirming the completion of higher education or a certificate of specialty if the training has not yet been completed;
  • Work book;
  • Certificate of state pension insurance;
  • Military ID;
  • Certificate of assignment of TIN;
  • Medical insurance policy.

If the person being hired has not yet been officially employed, then the employer must help with the preparation of a work book, tax identification number and insurance certificate.

Those who draw up a contract for part-time work, instead of a work book, need to present a copy of it or a certificate from the place of work, which is the main one.

At this stage, the employer familiarizes the employee in detail with the rules and internal documents related to his upcoming activities at this enterprise. The employee puts his signature, which signals that he has familiarized himself with the documents and is ready to take on the responsibility of fulfilling the above.

Stage 2. Drawing up and signing an employment contract

Let's consider the rules for drawing up an employment contract.

There is no unified form of employment contract, therefore each organization develops its own contract for employees. But there are general rules for its preparation that every employer must follow in accordance with the Labor Code of the Russian Federation:

1. The employment contract is concluded in two copies in writing. After the parties sign, one copy is given to the employee, and the second remains with the employer.

2. The employment contract must contain the following information:

    • representation of the parties,
    • Full name of the employee, his qualifications,
    • position and nature of the work performed,
    • start date of work,
    • type of employment contract (fixed-term/indefinite),
    • contract for the main place of work/part-time work,
    • is the test established and what is its duration,
    • rights and obligations of the employer,
    • employee rights and obligations,
    • characteristics of working conditions,
    • features of working hours,
    • duration of annual leave,
    • the amount of official salary and types of additional payments,
    • payment terms wages,
    • type of social insurance,
    • signatures of the parties.

3. The conditions specified in the employment contract can be changed in writing by mutual agreement of the parties.

4. At the request of the employer or for individual positions, the terms of non-disclosure of official or commercial secrets are specified in the employment contract.

5. Also, at the request of the employer, a probationary period is established to check the professional suitability of the employee for the position held.

6. Persons over 16 years of age can independently conclude an employment contract. At the age of 15, it is allowed to conclude a contract to perform light labor; from the age of 14, the contract is drawn up with the consent of the guardianship authority or one of the parents.

7. According to the Labor Code of the Russian Federation, it is prohibited to refuse to conclude an employment contract without explaining the reason. Such a refusal can be appealed in court.

Stage 3. Start of employment relationship

The employment contract is considered to come into force from the date of signing, and is also the basis for drawing up an order for employment.

The employee must begin his duties on the date specified in the contract. If such a date is not specified, then the agreement comes into force the next day after signing the agreement.

Now you know how to draw up an employment contract in the best possible way, thanks to this your rights are reliably protected, and your relationship with the employer will be transparent and fruitful.

Download a sample contract form for free:

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Conclusion of an employment contract: registration procedure

Chapter 11. Conclusion of an employment contract

Article 63. Age at which it is permissible to conclude an employment contract

The conclusion of an employment contract is allowed with persons who have reached the age of sixteen.

In cases of receiving basic general education, or continuing to master the program of basic general education in a form of education other than full-time, or leaving a general education institution in accordance with the federal law, an employment contract can be concluded by persons who have reached the age of fifteen years to perform light labor that does not cause harm to their health.

With the consent of one of the parents (guardian) and the guardianship authority, an employment contract can be concluded with a student who has reached the age of fourteen years to perform light labor in his free time that does not harm his health and does not disrupt the learning process.

In cinematography organizations, theaters, theatrical and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and trusteeship authority, to conclude an employment contract with persons under the age of fourteen to participate in the creation and (or) performance (exhibition) ) works without harming health and moral development. In this case, the employment contract on behalf of the employee is signed by his parent (guardian). The permit from the guardianship and trusteeship authority specifies the maximum permissible duration of daily work and other conditions under which the work may be performed.

Article 64. Guarantees when concluding an employment contract

Unreasonable refusal to conclude an employment contract is prohibited.

Any direct or indirect restriction 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 status, age, place of residence (including 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 in cases provided for by federal law.

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

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

Read also: Duration of registration of an employment contract for individuals by the employer

At the request of a person who is denied an employment contract, the employer is obliged to provide the reason for the refusal in writing.

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

Article 65. Documents 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, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;

insurance certificate of state pension insurance;

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

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

IN 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 require from a person applying for a job documents other than those provided for by this 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, a work book and an insurance certificate of state pension insurance are issued by the employer.

If a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.

Article 68. Registration of employment

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

The employer's order (instruction) regarding employment is announced to the employee against signature within three days from the date of actual start of work. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified 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 work activity, and the collective agreement.

General order of registration:

Introducing the employee to the organization’s labor regulations and working conditions

Signing an employment contract

Issuance of an order in form T-1 on employment on the basis of a concluded TD

Registration of T-2 card

How is an employment contract drawn up?

Having made you a job offer, the organization is obliged to conclude an employment contract with you - an agreement between the employer and employee, which describes the rights and obligations of participants in the labor process.

The process of drawing up an employment contract has a number of nuances, by familiarizing yourself with them in advance, you will protect yourself from any ambiguities in your relationship with the employer.

Read the rules
It is worth saying that before concluding an employment contract, the employer is obliged to familiarize you (against signature) with the internal labor regulations of the organization and the regulations on remuneration. as well as other local regulations that are directly related to your work activity.

Read carefully
According to requirements Labor Code RF (Article 67), an employment contract must be concluded in writing. The document must contain the following information (Article 57): full name of the employee and his passport details; name of the employing organization; Full name and position of the representative of the organization signing the contract; if the employer is an individual, then his full name and passport details; Employer's TIN (except for individuals who are not individual entrepreneurs).

Also, the employment contract must clearly describe the conditions under which the employee is employed by the organization. This is the place of work (indicating the structural unit), the name of the position (specialty/profession) indicating qualifications or a list of professional responsibilities, terms of remuneration (this includes the amount of the official salary, as well as additional payments, allowances and bonuses), the condition of mandatory social insurance employee.

Additional terms
In some cases, the employment contract also stipulates: the working hours and rest hours of the employee (if it does not coincide with the regime for the rest of the staff); the procedure and volume of providing compensation for work in harmful/hazardous production; working conditions of a special nature (traveling, on the road, etc.).

Undoubtedly, the contract must include the start date of work, and if the contract is fixed-term, then the event that will serve as the basis for the expiration of such a contract (for example, an employee returning from maternity leave, signing a work acceptance certificate, etc.). The place and date of the contract are also indicated.

Are you ready for the test?
At the employer's discretion, the contract may stipulate the conditions for the employee to undergo a probationary period in order to verify his suitability for the position. The trial period cannot exceed three months. A longer probationary period (6 months) can be established for heads of organizations and their deputies, chief accountants and their deputies, heads of representative offices or other separate structural divisions.

It is important to note that the absence of a probationary period in the employment contract means that the employee was hired without a trial.

Secret - not to disclose, training - to work out
Also among additional conditions included in the employment contract, there may be conditions on non-disclosure of state/commercial secrets; about the employee’s obligation to work after completing training, if it was carried out at the expense of the employer.

Don't forget to sign!
Remember that the employment contract is drawn up in two copies, each of which must bear the signatures of the parties. One copy of the contract remains with the employer, the other with you.

The final stage of hiring is the publication of the appropriate order (Article 68), which the employer is obliged to give you for signature within three days from the date of the actual start of your work in the organization.

Take the first step towards a new job

Registration of an employee under an employment contract

Concluding an employment contract for hiring

To obtain a new position or work with an applicant, the administration of the enterprise provides an employment contract drawn up by order of the direct employer. A contract is concluded with a new employee, a company, a private entrepreneur, or another employer. In some cases, the document is registered with the municipal administration.

The Labor Code of the Russian Federation regulates the general procedure for drawing up an employment contract. Where it is not enough to write a statement, it is necessary to formalize the agreement in writing. Documents for granting a position legally regulate the basic relationship between the employer and the employee or worker.

Typically, there are two types of job applications:

  • Urgent (processing period up to five years).
  • Indefinite (longer time).

A fixed-term contract is concluded with an employee in the following cases:

  • Temporary replacement for an absent employee.
  • Carrying out temporary work for up to two months.
  • Registration of labor service (court decision).
  • Small company (up to thirty-five people).
  • The employer is not a private entrepreneur.
  • Part-time employment without registration.
  • Having another permanent job or studying at a university, college, etc.
  • The applicant has reached retirement age or received a pension for other reasons.

A fixed-term employment agreement is officially terminated upon expiration of the period specified in it. And formalizing the termination of an employment contract requires notifying the employee no later than three days before the date of dismissal. If an employee continues to work after the end of the agreed period of time without objections from the company administration, the contract is automatically considered extended for an indefinite period. The contract is transferred from the status of a fixed-term employment contract to an open-ended one.

According to an employment contract, the agreement is considered unlimited if:

  • Documents for providing a workplace do not indicate the completion date of the worker’s or employee’s activities.
  • The conclusion of an agreement is necessary for a specific period, without the necessary grounds (by decision of the labor inspectorate).

Registration and payment to the employee

The conclusion of an employment contract provides for the following information:

  • The initials of the applicant with their decoding.
  • The name of the company or firm where the employment is taking place.
  • Identification documents of the new employee.
  • Individual Taxpayer Number of a company (other than an individual).
  • Information about the direct employee providing documents for employment.
  • Date, place of conclusion of the contract, registration of work under the contract.
  • Position, specialty, qualifications, new place of work.
  • Date the employee was hired (start of employment).
  • End date of employment (registration of an employee under a fixed-term contract).
  • Norms and rules for employee remuneration.
  • Working hours schedule.
  • Rules for compulsory social health insurance for employees.

Read also: Where can I get a work book if I haven’t worked?

The necessary documentation for registration of employment is regulated by law according to the Labor Code of the Russian Federation. In addition to mandatory norms and documents, an employment contract sometimes includes some more. This includes the new employee’s obligations to not disclose State Secrets, secret tests, research, etc.

Also, the obligation to work for the required, agreed upon period of time, after training paid for by the employer. Citizens obtaining a position in the municipal administration, civil service, or other similar places are required (except for an employment application) to fill out a form. Unlike all other professions, where similar rules for drawing up a fixed-term employment contract, as well as an open-ended one, are not mandatory.

Filling out personal data

Many employers ask a new employee to fill out personal information, but this is not mandatory and is not regulated by the Labor Code of the Russian Federation. Nor can it serve as a basis for refusal of employment by a firm, company, or private entrepreneur providing a new job. In this case, the procedure for formalizing the termination of an employment contract is clearly regulated by law.

Documenting everyone necessary actions on the part of a new employee with a corresponding entry in the work book begins from the moment when documents for employment are submitted to the personnel department of an enterprise or company. IN labor agreement the employee’s registration clearly regulates the amount of the latter’s salary or the wording with the amendment “in the normal manner.”

In this case, the new worker or employee must be introduced to the regime for issuing cash payments, advances, and their amounts, which is certified by the applicant’s signature with the wording “Acquainted.” Otherwise, the labor inspectorate regards this fact as violating the legislation of the Russian Federation and illegal registration of the employee.

The employer undertakes to fully and promptly issue advance payments and wages to employees, provided that the employees comply with the basic rules of work procedures, which are regulated by the rules of the Labor Code of Russia. The employment contract does not include the conditions and rules for reducing wages in case of violation of internal regulations, reducing the time of legal leave, or other sanctions.

The actions are illegal, entail administrative punishment, both when concluding a fixed-term employment contract and an open-ended one, as well as for the incorrect procedure for registering the termination of an employment contract with former employee enterprises, firms.

Probation period and other nuances of work under the contract

To more thoroughly study the professional abilities of a new employee, the employer has the right to assign the latter a trial period, which is fixed in the contract initially, both in cases of a fixed-term employment contract and on a permanent basis. Establishing it by direct order is prohibited by the Labor Code of the Russian Federation, even by agreement with the new employee.

If the probationary period is not specified in the contract, the employee is hired for the position without completing a professional suitability test.

The above-mentioned trial period by law must not exceed three months. For positions over high level(company director, deputy director, chief accountant etc.) increases to six months, if necessary.

The probationary period does not apply to some new employees (minors, pregnant women, new employees, etc.). If the new employee does not correspond to his position, the latter does not pass probationary period. He is informed about this in writing a maximum of three days before the end of the inspection. The procedure for registering termination of an employment contract is standard.

And formalizing the termination of an employment contract involves issuing a notice of dismissal due to inadequacy for the position held based on the results of the tests. The second copy of the document is kept by the employer. The dismissed employee certifies in writing the received document regarding its discrepancy with the date of review.

Drawing up an employment contract

Any employment contract is drawn up in at least two copies, carefully reviewed by the worker and the employer, and in order to avoid inconsistencies and disagreements, it is subsequently certified by both in writing. The conclusion of an agreement to provide a workplace to a new employee is recorded in the journal for registering documents and employment contracts.

One sample is received by the employee, the other remains in the personnel department of the company, the employer writes into it: “copy second received” with a signature and date. The direct hiring of a new employee or worker for a position is formalized by an order issued upon conclusion of the contract, taking into account all the necessary formalities.

According to the legislation of the Russian Federation, the registration of a fixed-term employment contract implies the presence of necessary and sufficient evidence that the nature of the work provided does not allow the employment of a new employee for an indefinite period. If there are no reasons, then Labor Inspectorate an order is issued to accept a permanent agreement, with possible administrative penalties.

According to the law of the Russian Federation, the execution of an employment contract provides for familiarization of the future employee with all regulatory documents under the signature of the latter (work regulations, safety instructions, labor protection, collective responsibilities, etc.). With all the necessary acts regulating the rules and norms of labor discipline in the immediate workplace.

The signature on familiarization is recorded in a special journal or act, which is then filed in the personal file, contract of the new worker or employee. The procedure for formalizing the termination of an employment contract is regulated by the basic rules and regulations of the Labor Code of the Russian Federation with the necessary entries in the work book of the dismissed employee.

Legal advice on labor law

How to draw up an employment contract

Concluding an employment contract has a very important In the relationship between employer and employee, a correctly drawn up employment contract in many cases allows one to avoid the occurrence of labor disputes and disagreements between the parties to the employment contract.

Rules for drawing up an employment contract

The employment contract is concluded in two copies. One copy is kept by the employee, the other by the employer. It may happen that the employment contract is drawn up incorrectly by the entrepreneur. However, it is considered concluded if the employee began work with the permission of the entrepreneur.

According to the employment contract, the entrepreneur must:

  • provide employees with work stipulated by the employment contract;
  • ensure labor safety and conditions that meet occupational safety and health requirements;
  • provide employees with equipment, tools, technical documentation and other means necessary to perform their job duties;
  • provide workers with equal pay for work of equal value;
  • pay in full size wages due to employees within the terms established by this Code, collective agreement, internal labor regulations of the organization, employment contracts;
  • provide for the everyday needs of employees related to the performance of their job duties;
  • carry out compulsory social insurance of employees in the manner established by federal laws;
  • compensate for harm caused to employees 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 this Code, federal laws and other regulatory legal acts;
  • fulfill other duties provided for by this Code, federal laws and other regulatory legal acts containing labor law norms, collective agreements, agreements and employment contracts.
  • conscientiously fulfill his labor duties assigned to him by the employment contract;
  • comply with the internal labor regulations of the organization;
  • observe labor discipline;
  • comply with established labor standards;
  • comply with labor protection and occupational safety requirements;
  • treat the property of the employer and other employees with care;
  • immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property.

As a rule, an entrepreneur can hire a person only from the age of 16. However, there are exceptions to this rule. A minor can be hired at the age of 14 if the following conditions are met:

  • he is engaged in light work that does not cause harm to health;
  • works in his free time from studies;
  • entry to work requires the consent of one of the parents (guardian, trustee) and the consent of the guardianship and trusteeship authority.

Mandatory terms of the contract

The contract is concluded immediately upon hiring an employee and must be in writing. The employment contract specifies all the mandatory conditions for cooperation between the employer and the employee, namely:

  • Last name, first name and patronymic of the employee and entrepreneur.
  • Place of work. The entrepreneur must specify the exact address of the new employee’s place of work.
  • Start date of work. The date when the employee must begin work is indicated.
  • Duration of the fixed-term employment contract. An employment contract can be concluded for either an indefinite or a definite period. This issue is resolved by agreement of the parties (Article 304 of the Labor Code of the Russian Federation).

The employer is obliged to conclude a written employment contract with the employee within three days from the date of actual access to work (Article 67 of the Labor Code of the Russian Federation).

An employment contract comes into force on the date of its signing or from the moment when the employee begins to perform his duties, namely on the day established by the contract, or the next day after the contract enters into force. If the employee does not start work without good reason within a week from the specified date, the contract is terminated.

As a rule, hiring an employee is accompanied by the conclusion of an employment contract. All relations related to the conclusion, amendment and termination of an employment contract are regulated.

Features of document preparation

An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide work, ensure working conditions and pay for it on time, and the employee undertakes to perform the work for which he was hired, observing the rules of the routine established by the employer -.

The employment contract must necessarily contain the following information:

  1. Full name of the employee and employer, if the employer acts as legal entity, name of the organization.
  2. Employee passport data - number and date of issue.
  3. TIN of the organization.
  4. Data of the person who signed the agreement on behalf of the enterprise, and the documents on the basis of which he is granted the right to sign this document.
  5. Date and place of conclusion of the contract.
  6. The place of work must be indicated if hiring is carried out in a branch located in another area.
  7. The start date of work is indicated only in case of concluding a fixed-term employment contract.
  8. Remuneration, namely salary according to the tariff schedule, allowances, bonuses and other incentive payments.
  9. The work and rest schedule must be specified only if it differs from the general rules of the enterprise for which the employee is employed.
  10. If the working conditions at the enterprise are dangerous or harmful to the health of the employee, then the contract must describe his guarantees and compensation provided for work in dangerous or hazardous production.
  11. Conditions determined by the nature of the work performed - traveling, mobile, etc.
  12. Working conditions.
  13. Conditions for concluding an agreement on compulsory social insurance of an employee.

This information is mandatory, but its absence cannot be grounds for termination of the employment contract. The missing information is included in the contract itself, and the missing conditions are included in the annex to the contract -.

Contract form

The employment contract must be concluded in writing and signed in two copies, one of which remains with the employee, and the second is kept by the employer. The issuance of a copy of the agreement is certified by the employee’s signature on a copy of the employer’s agreement.

Important! If the employment contract was not drawn up in writing, but the employee began to perform his duties with the knowledge and permission of the employer, then such an agreement is considered concluded -.

Probation

A probationary period for employment can only be established by agreement of the parties. If the contract does not contain conditions for a probationary period, then the employee is considered hired without a trial -.

If an employee was hired without drawing up an employment contract, then the condition of his probation may be established by a separate agreement concluded before the start of work.

During the probationary period, the employee has all the rights provided for by law, regulations, agreements and contracts containing labor law norms.

A probationary period cannot be assigned:

  1. For minors.
  2. Pregnant women, as well as women raising a child under the age of one and a half years.
  3. Persons who have passed the competition to fill the relevant position.
  4. Persons who received higher education By government programs and those getting a job for the first time - within 1 year after receiving their diploma.
  5. Employees who received a transfer job that was agreed upon with the management of the organization.
  6. Employees of elected office.
  7. Employees who have entered into an agreement for a period of no more than 2 months.

The probationary period for ordinary employees cannot be set for more than 3 months. For managers, chief accountants and their deputies, as well as heads of branches and representative offices, the maximum probationary period is 6 months.

If the term of the employment contract does not exceed six months, then the probationary period cannot exceed 2 weeks. The probationary period does not include the period the employee is on sick leave, as well as the period of his absence from work.

Documents required for concluding an agreement

When hiring, the employer has the right to require the following documents:

  • Passport or a document replacing it.
  • Work book.
  • Insurance certificate.
  • If a person is liable for military service, then a military registration document.
  • Document on education and qualifications.
  • Certificate of criminal record.
  • Additional documents required by the specifics of the work.

Important! The law prohibits, when applying for a job, from requiring additional documents not provided for by the Labor Code of the Russian Federation, Federal laws, as well as presidential decrees and Government resolutions.

If a person gets a job for the first time, the employer himself issues a work book. If the book is lost, the employer is obliged to replace it upon a written request from the employee.

The agreement is considered concluded from the date of its signing. The employee is obliged to begin performing his duties from the date specified in the contract. If the date was not specified by the contract, then the next day after signing the contract.

If the employee does not begin his duties on the day specified in the contract, then the employer has the right to cancel the contract. A canceled contract is considered invalid -.

Completed sample document

Employment contract No. ________

_____________ “____”______________201__

LLC "Firm" represented by the director ____________________________, acting on the basis of the Charter, hereinafter referred to as the "Employer", on the one hand, and citizens ________________________________________________________________________________, hereinafter referred to as the "Employee", on the other hand, have entered into this agreement as follows:

1. General provisions.

1.1. An employee is hired at Firma LLC at the address: ___________________________________________ for the position ___________________________________________________________________.

1.2. The employee is obliged to start work from “____”_______________201___.

1.3. The employee is given a probationary period of ____________months.

The probationary period does not include the period of temporary disability and other periods when the Employee, with the permission of the Employer, was absent from work for valid reasons, as well as absence from work without a valid reason (absenteeism).

The Employee who has passed the test continues to work without any additional registration.

If the test result is unsatisfactory, the Employee is released (dismissed) from work on the basis of an order from the Employer.

1.4. During the probationary period, the Employee is fully subject to the labor legislation of the Russian Federation.

1.5. This agreement is concluded for an indefinite period.

1.6. Work for the Employer is the Employee’s main place of work.

2. Responsibilities of the parties

2.1. The employee undertakes:

2.1.1. Perform job duties specified in the job description.

2.1.2. Maintain labor, production and financial discipline and conscientiously perform their job duties specified in clause 2.1.1 of this employment contract.

2.1.3. Obey the internal labor regulations, including observing the daily routine established in the institution.

2.1.4. Treats the Employer's property with care, including equipment and office equipment in his use, and ensures the safety of the documentation entrusted to him.

2.1.5. Do not disclose during the period of employment with the Employer, as well as in the subsequent year after dismissal, data that is a trade secret of the Employer and confidential information obtained in the course of one’s employment.

2.1.6. Carry out efficiently and in a timely manner the instructions, tasks and instructions of the director of the institution given by him in accordance with his competence.

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

2.1.8. Contribute to the creation of a favorable production and moral climate, the development of corporate relations in the Employer’s workforce.

2.1.9. If you change the information entered on the card (family composition, passport data, residential and registration address, contact phone number, etc.), inform the Employer within 2 days.

2.2. The employee has the right:

2.2.1. Familiarize yourself with the Employer’s regulatory documents regulating the Employee’s activities.

2.2.2. For the provision of work stipulated by this agreement.

2.2.3. To a workplace that meets the conditions of state standards and labor safety.

2.2.4. For annual paid vacations (main and additional) in accordance with the Labor Code of the Russian Federation and the vacation schedule.

2.2.5. To timely and in full payment of wages in accordance with their position, qualifications, conditions, complexity of work and quality of work performed.

2.3. The employer undertakes:

2.3.1. Comply with the terms of this employment contract, requirements and laws governing the work of employees.

2.3.2. Provide the Employee with the conditions necessary for safe and effective work, equip his workplace in accordance with labor protection and safety regulations.

2.3.3. Pay wages stipulated by this employment contract and other payments due to the Employee on time.

2.3.4. Provide guarantees and compensation established by the current legislation of the Russian Federation and the Republic of Kazakhstan.

2.3.5. In the prescribed manner, make entries in the Employee’s work book, store it and issue it to the Employee on the day of dismissal.

2.3.6. Ensure the protection of the Employee’s personal data contained in their personal files and other documents from unlawful use or loss.

2.4. The employer has the right:

2.4.1. Require the Employee to conscientiously perform work duties and comply with internal labor regulations.

2.4.2. Encourage him for conscientious and effective work.

2.4.3. In case of production necessity, recall the Employee from next vacation with subsequent reimbursement of unused vacation days.

2.4.4. Bring the Employee to disciplinary or financial liability in cases of improper performance of duties and causing material damage to the Employer in accordance with federal laws, laws of the Republic of Kazakhstan and internal labor regulations.

2.4.5. If necessary, carry out vocational training, retraining, advanced training in educational institutions professional higher and additional education at the expense of the Employer.

3. Remuneration

3.1. The employee is established in accordance with staffing table, official salary according to the ________ wage level of the unified tariff schedule (UTS) for remuneration of employees of municipal institutions.

3.2. The employee is given a bonus in the amount of:

  • percentage bonus for work in the Far North and equivalent areas ______%.
  • regional coefficient to wages _____%.

3.3. Monthly bonus in the amount of ______% of the official salary.

3.4. Payment of bonuses, allowances, additional payments and provision of financial assistance is carried out within the limits of the wage fund approved for the current year.

3.6. The procedure and conditions for bonuses are established by the “Regulations on material incentives for employees of the institution.

4. Work and rest schedule. Providing leave

4.1. The employee is assigned a 36-hour work week - 5 days with two days off (Saturday and Sunday).

4.2. The start and end times of the working day, rest breaks are determined by the internal labor regulations.

4.3. Involvement of the Employee to work on a day off and a non-working holiday is carried out with the written consent of the Employee by written order of the Employer with the agreement of another day of rest.

4.4. The employee is granted annual leave with pay for the duration of 28 calendar days.

Leave for the first year of work is granted after six months of continuous work with the Employer. In cases provided for by the Internal Labor Regulations, at the request of the Employee, leave may be granted before the expiration of six months of continuous work with the Employer.

Vacation for the second and subsequent years of work is provided in accordance with the priority of vacations, according to the vacation schedule approved by the Employer, drawn up taking into account the wishes of employees about the time of the proposed vacation.

4.5. Replacement of regular vacation with monetary compensation is not permitted, except in cases of dismissal of an Employee who has not used the granted vacation.

4.6. The employee is provided additional leave for work in areas equated to the regions of the Far North in the amount of 16 calendar days.

At the request of the employee, additional leave can be replaced with monetary compensation.

4.7. Part of the annual paid leave exceeding 28 calendar days, not used in the current year, can be replaced by monetary compensation upon the written application of the employee in the year following the current one.

4.8. For family reasons and other valid reasons, the Employee, at his request, may be granted short-term leave without pay.

5. Responsibility of the parties

5.1. In case of failure or improper performance by the Employee of his duties specified in this agreement, violation of labor legislation, internal labor regulations, as well as causing material damage to the institution, he bears disciplinary, financial and other liability in accordance with current legislation.

6. Grounds for termination of an employment contract

6.1. Termination of this employment contract occurs in accordance with the current labor legislation, as well as in case of violation by the parties of their obligations.

6.2. The contract may be terminated:

  • by agreement of the parties;
  • at the initiative of the Employee, on the grounds provided (by written warning to the Employer two weeks before termination);
  • at the initiative of the Employer, in the following cases:
  • liquidation of the enterprise;
  • reduction in the number or staff of the enterprise;
  • inconsistency of the Employee with the position held or the work performed as a result of:
  • health status in accordance with a medical report;
  • insufficient qualifications
  • repeated failure by the Employee to fulfill his labor duties without good reason, if he has received a disciplinary sanction;
  • a single gross violation of labor duties by the Employee;
  • disclosure by the Employee of a trade secret that became known to him in connection with the performance of his job duties;
  • commission of guilty actions by an Employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him on the part of the Employer;
  • submission by the Employee to the Employer of forged documents or knowingly false information when concluding an employment contract;
  • on other grounds provided for;
  • in case of change essential conditions labor and (or) violation by the Employer of its obligations under this Agreement;
  • in other cases provided for by the legislation of the Russian Federation.

7. Special conditions

7.1. The employee does not have the right to working hours perform other paid work under an employment contract with another Employer.

7.2. All materials created with the participation of the Employee on the Employer’s instructions are the property of the Employer and cannot be transferred to other persons without his consent.

7.3. The terms of this Agreement can be changed only by agreement of the parties and must be in writing.

7.4. The agreement comes into force from the moment it is signed by the parties.

7.5. The agreement is drawn up in two copies. The first is kept by the Employer, the second is kept by the Employee. Both copies, signed by both parties and certified by the seal of the Employer, have equal legal force.

7.6. The parties undertake not to disclose the terms of the contract and not to transfer it to third parties, classifying this as disclosure of official secrets.

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