An example of filling out an employment contract with an employee. Perpetual employment contract

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URGENT LABOR AGREEMENT

  in the person acting on the basis, hereinafter referred to as " Society”, On the one hand, and c. , passport: series, No., issued, residing at: hereinafter referred to as " Employee", On the other hand, hereinafter referred to as the" Parties ", have concluded this agreement, hereinafter" Contract", As follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. This employment contract is drawn up between the employee and the employer, according to which the employer undertakes to provide the employee with work in the stipulated labor specialty, to ensure the working conditions stipulated by this labor agreement, the Labor Code, laws and other regulatory legal acts, a collective agreement, agreements, local regulatory acts containing the norms of labor law, timely and in full to pay the employee wages, and the employee undertakes to personally pay lnyat certain this agreement working function in the organization comply with applicable internal regulations.

1.2. This employment contract is unlimited.

1.3. The place of work of the employee is:.

1.4. Start date "" 2016.

1.5. The employee is hired by profession, profession, position:.

1.6. The employee during the period of work with the employer reports directly.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee undertakes:

2.1.1. Perform the assigned work in a quality manner and on time determined by the immediate boss.

2.1.2. The employee is obliged to start work with "" 2016.

2.1.3. Respect labor and production discipline, conscientiously relate to the performance of their duties, and take care of the property entrusted to him. In the performance of their duties, follow the job description and other local acts of the enterprise, as well as the oral instructions of the management.

2.1.4. To protect the property of the Company, not to disclose information and information that is a commercial secret of the Company, if such information became known to the employee by virtue of the performance of his duties.

2.1.5. Observe the requirements for labor protection, safety and industrial hygiene.

2.2. The company undertakes:

2.2.1. Provide the Employee with work in accordance with the terms of this employment contract.

2.2.2. Pay wages to the Employee under the conditions provided for in the company, and upon termination of labor relations under this agreement no later than the date of dismissal.

2.2.3. Ensure safe working conditions in accordance with the requirements of safety regulations and labor legislation of the Russian Federation.

2.2.4. In the prescribed manner, make entries in the workbook of the Employee.

2.2.5. Perform other duties stipulated by labor legislation.

2.3. The employee has the right:

2.3.1. Require the employer to fulfill his obligations under this employment contract, as well as to fulfill the obligations stipulated by labor legislation.

2.4. The employer has the right:

2.4.1. Demand from the Employee the fulfillment of his obligations under this employment contract, as well as the fulfillment of the obligations stipulated by the labor legislation.

3. RESPONSIBILITY OF THE PARTIES

3.1. In case of non-performance or improper performance by the Employee of his duties specified in this contract, violation of labor legislation, the internal labor regulations of the Company, as well as material damage to the Company, the employee is liable, up to criminal, in accordance with applicable law.

3.2. The company bears material and other responsibility in accordance with applicable law.

4. TERMINATION OF THE LABOR AGREEMENT

4.1. The grounds for termination of this employment contract are:

4.1.1. The agreement of the parties or the will of each of the parties separately, and the procedure for terminating this contract is governed by the following: An employee who has entered into this employment contract is required to notify the employer in writing two weeks prior to termination of the employment contract.

4.1.2. Calling or admission of an employee to military service.

4.1.3. Termination of an employment contract at the initiative of the Company on the grounds provided for in Art. 81 of the Labor Code of the Russian Federation, including: An employment contract may be terminated by the employer in the following cases:

1. liquidation of the organization or termination of activity by the employer;
2. reduction in the number or staff of the organization;
3. inconsistencies of the employee of the position or work performed due to:
   • health conditions in accordance with the medical report;
   • insufficient qualifications, confirmed by the results of certification;
4. change of ownership of the organization’s property (in relation to the head of the organization, his deputies and chief accountant);
5. repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;
6. a single gross violation by an employee of labor duties:
   • absenteeism (absence from the workplace without good reason for more than four consecutive hours during the working day);
   • appearance at work in a state of alcoholic, narcotic or other toxic intoxication;
   • disclosure of secrets protected by law (commercial), which became known to the employee in connection with the performance of his labor duties;
   • commission at the place of work of embezzlement (including petty) of another's property, embezzlement, deliberate destruction or damage, established by a court verdict that entered into legal force or a decision of a body authorized to apply administrative penalties;
   • violation by the employee of labor protection requirements if this violation entailed grave consequences (industrial accident, accident, catastrophe) or deliberately created a real threat of such consequences;
7. commission of guilty acts by an employee directly servicing monetary or commodity values, if these actions give grounds for the loss of confidence in him by the employer;
8. submission by the employee to the employer of forged documents or knowingly false information at the conclusion of the employment contract;
9. in other cases established by the Labor Code and other federal laws.

5. WARRANTIES AND COMPENSATIONS

5.1. For the period of validity of this employment contract, the Employee shall be subject to all guarantees and compensations provided for by applicable labor laws.

6. TEST FOR ADMISSION TO WORK

6.1. The employee is hired with a test in order to verify its compliance with the assigned work.

6.2. During the test period, the employee is subject to the provisions of this agreement, the Code, laws, other regulatory legal acts, local regulatory acts containing labor law, a collective agreement, and an agreement.

6.3. The job test is not set for:

• persons applying for a competition to fill an appropriate position, conducted in the manner prescribed by law;
• pregnant women;
• persons under the age of eighteen years;
• persons who graduated from educational institutions of primary, secondary and higher vocational education and first entering work in the specialty received;
• persons elected (selected) to an elected post for paid work;
• persons invited to work in the order of transfer from another employer as agreed between employers;

6.4. The test period is three months.

6.5. The period of the test does not include the period of temporary disability of the employee and other periods when he was actually absent from work.

6.6. If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the test period expires, notifying him in writing no later than three days later indicating the reasons that led to the recognition of this employee as failing the test.

6.7. If the test result is unsatisfactory, the employment contract is terminated without taking into account the opinion of the relevant trade union body and without paying severance pay.

6.8. 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 general grounds.

6.9. If during the test period the employee concludes that the work offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request, warning the employer in writing three days in advance.

7. TRANSFER OF THE EMPLOYEE

7.1. An employee who is in need of a different job in accordance with a medical certificate must be transferred by the employer with his consent to another job that is not contraindicated for health reasons. If the employee refuses to transfer or if the organization does not have the corresponding work, the labor contract is terminated in accordance with clause 8 of article 77 of this Labor Code of the Russian Federation.

7.2. It is not a transfer to another permanent job and does not require the consent of the employee moving him in the same organization to another workplace, to another structural unit of this organization in the same locality, assigning work to another mechanism or assembly, if this does not entail a change in labor functions and changes to the material terms of the employment contract.

7.3. In case of production need, the employer has the right to transfer the employee for a period of up to one month to work in the same organization not stipulated by the labor contract, with remuneration for the work performed, but not lower than the average earnings from the previous work. Such a transfer is allowed to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, accident or natural disaster; to prevent accidents, downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), destruction or damage to property, and also to replace an absent employee. In this case, the employee cannot be transferred to work contraindicated for health reasons. The duration of a transfer to another job to replace an absent employee may not exceed one month during the calendar year (from January 1 to December 31).

7.4. With written consent, an employee may be transferred to work requiring lower qualifications.

8. SPECIAL CONDITIONS

8.1. The terms of this employment contract are confidential and are not subject to disclosure.

8.2. The terms of this employment contract are binding on the parties. All changes and additions to this employment contract are made out in a bilateral written agreement.

8.3. In all other respects, which is not provided for by this agreement, the parties shall be governed by applicable law.

8.4. The parties are guided by the internal regulatory acts of the Company (the Staff Regulation, internal labor regulations, etc.) only if the employee is familiarized with them against receipt.

8.5. Disputes between the parties arising in the performance of an employment contract are considered in the manner prescribed by applicable law.

8.6. The contract is drawn up in 2 copies having the same legal force, one of which is stored in the Company, and the other with the Employee.

8.7. This employment contract shall enter into force upon signature.

9. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

SocietyYur. Address: Mailing address: TIN: KPP: Bank: Account / account: Correspondent / account: BIK:

EmployeeRegistration: Mailing address: Passport series: Number: Issued: By: Phone:

10. SIGNATURES OF THE PARTIES

Society _________________

Employee _________________

Employment contract with employee, sample download which you can use the constructor "Prosto DOCS" is a labor agreement and the legal fact of the occurrence of labor relations between the parties to the employment contract.

Labor relations of employees arise mainly on the basis of one legal fact - the conclusion of an employment contract. At the same time, in certain categories of workers the essence of their labor activity is of a special nature, and therefore, their labor status arises on the basis of several legal facts that are determined by special laws. In these cases, labor relations also arise on the basis of the facts of appointment, approval, election, membership.

An employment contract with an employee: differences between an employment contract and civil contracts

From related civil contracts related to work (work contract, service contract, transportation contract, etc.) are distinguished by the following criteria:

1. Subject employment contract (template, sample)  - this is the personal fulfillment by the employee of a certain labor function, i.e. work of a certain type in a particular specialty, qualification, determined by agreement of the parties. The employer has the right to instruct the employee to complete any task within the terms of the employment contract. The object of the obligations of the parties is "living" labor for a long period. The subject of a civil contract is a materialized result of labor or a one-time assignment.

2. Subordination of the employee in the process of performing the labor function to the internal labor schedule of the enterprise - the Employer, with the implementation of a specific labor measure (compliance with the working hours, established labor standards, technologies, labor protection rules, etc.). When performing work under a civil law contract, the contractor independently regulates his labor process.

3. The employer is obliged to provide the employee with work provided for by any model employment contract, organize the process of his work, provide the necessary means of production, premises, equipment for the workplace, raw materials, materials, provide him with normal and safe working conditions. Under civil contracts, the conditions for the performance of work, services are provided by the contractor.

4. The remuneration of employees is regulated in accordance with the Labor Code of the Russian Federation, social partnership agreements, collective agreements with labor standards, and guarantees, including regarding the minimum wage, the timing of its payment and others. In civil contracts, the amount of payment for work performed, services rendered and its frequency is determined solely by agreement of the parties.

Using the contract constructor “Prosto DOCS” you can prepare legally verified employment contract with employeebased specifically on your situation.

Download the 2016 employment contract form. Download the form of the employment contract with the employee 2016. Download an employment contract form with a trial period of 2016. View a sample of employment contracts.

An employment contract is a legal agreement between an employer and an employee. The only document on the basis of which labor law comes into force is its basic norms.

Types of Employment Contracts

Employment contracts may be concluded:

• for a specific period (no more than five years) or for a specific job (urgent)
• for an indefinite period (unlimited - the same as being accepted for permanent work)

As a general rule, an employment contract must be concluded for an indefinite period. The same is considered a contract:

1. if it does not indicate the terms of its validity
2.   if at the expiration of the term contract it is not terminated, and the employee continues to work
3.   if a fixed-term contract is concluded without sufficient reason.

A fixed-term labor contract is concluded when the assigned labor activity is short-term (seasonal, for example), or such a contract cannot be concluded for an indefinite period. Such cases are stipulated by law.

A fixed-term employment contract may be executed:

• when someone is accepted instead of a temporarily absent employee, for whom a place is reserved
• for seasonal work
• when work is expected in areas of the Far North and equivalent to them, if this is associated with relocation
• to prevent or eliminate the consequences of disasters, epidemics and the like; if an employee gets a job in a small business organization (up to 40 people), retail, consumer services (up to 25 people) or an individual
• for work abroad; for the implementation of temporary work unusual for the enterprise (commissioning, equipment installation, expansion of production, etc.)
• with pensioners, as well as people whose health condition requires temporary work
• with a referral to temporary work (including public) from the employment service
• some other cases

What documents should a new employee present when applying for a job

When taking a job, a person must present certain documents to an employee of the personnel department. Here is a list of them:

• passport or another identification document. For example, a birth certificate for persons under the age of 14, a foreign passport for Russian citizens permanently residing outside its territory
• work book (except part-timers and first-time employees)
• insurance certificate of state pension insurance (except for the first time entering work)
• military registration documents. For those liable for military service, they are in possession of a military ID or temporary certificate issued in exchange for a military ID, and for conscripts, an ID card of a citizen to be drafted for military service (paragraph 18 of the Regulation approved by Decree of the Government of the Russian Federation No. 719 of November 27, 2006)
• document on education, qualifications or the availability of special knowledge (if the work requires special knowledge or special training)
• certificate of presence (absence) of a criminal record or criminal prosecution (if the work is related to activities to which persons who have or had a criminal record, for example, pedagogical activity, are not allowed) (Article 331 of the Labor Code of the Russian Federation)

This is stated in article 65 of the Labor Code of the Russian Federation.

Documents that are not on this list can be requested only in cases provided for by law. For example, if a company accepts an employee to work with harmful or dangerous working conditions, he must submit an appropriate opinion on the results of a preliminary medical examination, signed by a doctor and certified by the seal of a medical institution (Article 213 of the Labor Code of the Russian Federation).

In practice, the question often arises: is it possible to hire a Russian citizen who does not have a registration at the place of residence and certificate of TIN assignment? Yes, it can. Lack of residence registration does not is an obstacle to hiring an employee. Moreover, it is forbidden to refuse the applicant on this basis (part 2 of article 64 of the Labor Code of the Russian Federation). This point of view is confirmed in paragraph 11 of the decision of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.

The certificate of assignment of an individual tax number (TIN) is not mentioned in article 65 of the Labor Code of the Russian Federation as a document necessary for hiring. Therefore, as a general rule, it is not necessary to demand it from an employee. However, in some cases, the presentation of an INN by an employee is a prerequisite for his employment. For example, such a requirement applies to the conclusion of a service contract with a civil servant (Article 28 of the Labor Code of the Russian Federation, clause 6, part 2, article 26 of the law of July 27, 2004 No. 79-FZ).

Another important question: is it possible to refuse to hire a citizen who does not have an insurance pension certificate?

No. When hiring, a citizen must present an insurance pension certificate (para. 4 part 1 of article 65 of the Labor Code of the Russian Federation). However, there may not be evidence if a citizen enters work for the first time or if he has lost this document.

In the first case, the company is required to independently issue a pension insurance certificate to a new employee.

In the second case, the citizen had to independently apply for the restoration of the certificate due to his loss to the office of the Pension Fund of the Russian Federation at the place of residence. Within a month from the date of filing such an application, they must draw up a duplicate of the insurance certificate of the insured person. Such a procedure for restoring an insurance pension certificate is specified in paragraphs 5, 6 of Article 7 of Law No. 27-FZ of April 1, 1996 and paragraph 22 of the Instruction, approved by Resolution of the Board of the Pension Fund of the Russian Federation of July 31, 2006 No. 192p.

If a citizen has not applied to the Pension Fund department with this application, the organization can take him to work and already independently issue a duplicate of his lost certificate (paragraph 5 of article 7 of the law of April 1, 1996 No. 27-FZ).

Documents submitted by the newly hired person must be photocopied and stored, for example, in the personal file of the employee. There may also be a work record book, an employment contract, an order for employment and all subsequent orders concerning the employee.

What documents for a new employee should be issued by the personnel department

When applying for a job:

• employee usually writes a statement
• employee and company administration enter into an employment contract
• the head of the company issues a job order

In addition, before concluding an employment contract, an employee needs to familiarize (by signature) with the Labor Rules (how to draw up this document, see page 106) and other internal documents governing labor activity. In particular, these are:

• job description
• safety instructions

To familiarize the employee with these documents, fill out a familiarization sheet with local acts.

In addition, a newly hired employee is issued a personal card in the form of No. T-2.

If an employee first gets a job, the company must issue him a work book and draw up a pension insurance certificate (part 4 of article 65 of the Labor Code of the Russian Federation).

Employment contract with employees for 2016

An employment contract is the main document that confirms the existence of an employment relationship between an employee and a company. In disputes, each of the parties has the right to refer to those conditions that the parties agreed in the employment contract.

When hiring a new employee for permanent work, indicate the specific salary (tariff rate) in rubles in his employment contract. It is inexpedient to write the phrase “the salary to the employee according to the staff list” in the employment contract.

The fact is that if you make a similar reference in the employment contract to the staff list, it will become an integral part of this employment contract. In such a situation, each time you have to acquaint the employee, under signature, with the staffing table and with all changes in it.

In addition, difficulties may arise with the execution of an order for hiring an employee for work, since the lines of form No. T-1 “with the tariff rate (salary)”, “allowance” are designed specifically for writing in numbers. The same applies to filling out form No. T-1a.

An important nuance: an employment contract is also one of the documents that confirms the validity of labor costs. Moreover, not only salaries, but also other payments to the employee, which, according to Article 255 of the Tax Code of the Russian Federation, must be provided for in the employment contract so that their amount can be taken into account when calculating income tax.

Document form

The conclusion of an employment contract in writing is mandatory (part 1 of article 67 of the Labor Code of the Russian Federation). An agreement must be made in duplicate. After signing, one copy of the employment contract is handed over to the employee, the other remains with the employer.

The content of the employment contract, conditions of detention

They can be divided into substantive and optional.

1. Essential - mandatory conditions, in the absence of which the labor contract will not be considered concluded, and labor relations will not arise
2. Optional - additional, the presence or absence of which does not affect the conclusion of the contract; these special conditions are included in the employment contract if necessary, at the request and consent of the parties

A sample model employment contract must contain:

• Place of future work (name of organization; if an employee is admitted to a structural unit, then his name and address)
• Date of commencement of work (usually this is the date specified in the contract; if the employee has undertaken his duties at the request of the employer earlier than the agreed date, the contract will set the actual date of commencement of work)
• The job functions of the employee, according to his specialization, profession in accordance with the staffing of the enterprise. If there is no such position in the qualification manuals, the organization has the right to introduce and describe it in detail; but here it is necessary to take into account that the set privileges or restrictions on specialties and professions are associated with the names of the positions that are in the qualification directory of the Russian Federation
• Rights and obligations of the parties. It is more expedient to paint them specifically - regarding the position of the employee and his labor functions in the organization
•   Working conditions: this applies to heavy, hazardous or hazardous work. This paragraph prescribes the benefits and compensations. Also, for workers of special categories (under 18 years of age, nursing mothers and others), an individual contract is drawn up with a facilitated mode of work and rest
• Salary. Here, in addition to the salary, allowances, surcharges, bonuses, etc. are stipulated - all this is established in accordance with the current legislation and the organization’s internal charter
• If the organization insures its employees, the types (medical, pension) and conditions of this insurance related to the employee’s labor activities are separately indicated

In addition to the mandatory ones, additional clauses can be included in the employment contract, for example, on the probationary period, non-disclosure of any information, additional rewards for any labor achievements, etc. The main condition is that these additions do not in any way worsen the employee’s position regarding the labor Code.

Employment contracts are made in duplicate, signed by both parties.

Numbering of employment contracts

In practice, the question often arises: is it necessary to keep the numbering of labor contracts? The legislation does not contain a definite answer to this question.

Mandatory information that an employment contract must contain is listed in article 57 of the Labor Code of the Russian Federation. An employment contract concluded with an athlete, coach, must additionally contain the prerequisites listed in article 348.2 of the Labor Code of the Russian Federation. The number of the employment contract is not among the mandatory information.

At the same time, some unified forms of documents for accounting for labor and its payment provide for the numbering of labor contracts (for example, form No. T-1, approved by resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Therefore, in order to correctly fill out the documents, it is advisable to assign numbers (put down the numbering) to labor contracts.

The procedure for such numbering is not legally regulated. Therefore, the organization has the right to develop it independently. In practice, a system is used in which the number of the labor contract consists of its own number of the contract and numbers indicating the month (year) of its conclusion (for example, the labor contract concluded in March 2011 is assigned the number 16/03, where 16 is the serial number of the contract, 03 - month of conclusion of the contract). Such clarifications are given in the letter of Rostrud dated August 9, 2007 No. 3045-6-0.

Sample employment contract for 2016

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Employment contract 2019 sample free download with employee, IP form

04.04.2019

The concepts of “Employment contract” and “Parties to an employment contract” are defined in Article 56 of the Labor Code of the Labor Code of the Russian Federation (Labor Code of the Russian Federation). Labor contract - an agreement between the employer and the employee, according to which the employer is obliged to provide the employee with work due to the labor function, to ensure working conditions stipulated by labor legislation and other regulatory legal acts containing labor law, collective agreement, agreements, local regulatory acts and this agreement , timely and in full to pay the employee wages, and the employee undertakes to personally fulfill the contract specified in this agreement I will satisfy the function in the interests, under the direction and control of the employer, to comply with the internal labor regulations applicable to this employer.The parties to the employment contract are the employer and employee.

Download: employment contract form, sample, form

The Labor Code does not define a specific form or model of an employment contract, except for microenterprises (from 01.01.2017). New standard employment contract form for microenterprises  approved by Decree of the Government of the Russian Federation of 08.28.2016 No. 858 "On the standard form of an employment contract concluded between an employee and an employer - a small business entity that relates to microenterprises."The validity of the document: 01/01/2017.

Download form (sample):

Other options for downloading an employment contract (all in word, doc):

Forms are exemplary.  You can choose the most suitable form. Forms can be adjusted depending on the specific situation and needs. Presented are contracts of individual entrepreneur (individual entrepreneur), organization (LLC, OJSC, etc.) with an employee. Blanksan employment contract with a director, accountant, seller, driver, see this .

New on the topic

New from 04.04.2019: the Ministry of Labor of the Russian Federation in a letter dated 07.03.2019 No. 14-2 / \u200b\u200bВ-139 reports that the employer can dismiss the employee after the expiration of the employment contract even during the employee’s vacation or temporary disability.

New from 12.28.2018: The Ministry of Labor in a letter dated 12.11.2018 No. 14-1 / OOG-8602 reports that the payment of wages ahead of schedule does not violate the rights of workers.

New from 12/14/2018: E rostrud's experts report thatonly a court can terminate a fixed-term employment contract as perpetual (witha fixed-term employment contract is concluded only on the grounds listed in Article 59 of the Labor Code of the Russian Federation.An employment contract concluded for a specified period in the absence of sufficient grounds established by the court is considered to be concluded for an indefinite period (Part 5 of Article 58 of the Labor Code of the Russian Federation).

New from 12/14/2018: Omsk Regionalthe court in the appeal ruling of June 27, 2018 in case No. 33-4045 / 2018 allowed employers not to index the salaries of employees (with regular payment of bonuses, etc.).

New from 12/06/2018: Rostrud experts explain that it is impossible to reduce wages during the probationary period, according to the requirementspart 3 of article 70 of the Labor Code of the Russian Federation.

New from 10/30/2018: Rostrud experts in a report from Rostrud with a guide to compliance the mandatory regulatory requirements for the III quarter of 2018 are explained and reported to:

When it is possible to extend the term of an employment contract by means of an additional agreement;

When the terms of the vacation are included in the employment contract;

A position in an employment contract does not always have to correspond to qualification directories.

New from 07/31/2018: the Government of Russia in the resolution of July 26, 2018 No. 873   amended the standard form of an employment contract with the head of a state (municipal) institution.

New from 03/30/2018: Mthe Russian intruder in a letter dated March 21, 2018 No. 14-2 / \u200b\u200bB-191 specifies whether the numbering of labor contracts is mandatory in a commercial organization, and which numbering system can be used.

New from 03/19/2018: the Ministry of Labor of the Russian Federation in a letter dated 05/05/2018 No. 14-2 / \u200b\u200bВ-148 specified how the staffing of employees involved in work is carried out for which various restrictions are defined by laws.

New from 01/18/2018:The Ministry of Labor proposed to supplement the standard form of the employment contract with the head of the state (municipal) institution with new responsibilities. Draft resolution:regulation.gov.ru

New from 10/31/2017: The Ministry of Labor of Russia in a letter dated 10/18/2017 No. 14-2 / \u200b\u200bВ-935 specifies the procedure for recovering from the employee the amounts spent on his training in case of early termination of the employment contract.Excerpt: "Upon dismissal without good reason before the expiration of the period specified in the employment contract or in the training agreement at the expense of the employer, the employee must reimburse the costs incurred by the employer for his training."

New from 10/30/2017: The Ministry of Labor of the Russian Federation in a letter dated October 19, 2017 N 14-2 / \u200b\u200bВ-942 explained whether it is possible to sign a separate agreement when concluding an employment contract with an employee, according to which, within a year after dismissal, the employee agrees not to be employed in competing companies (the Employer does not the right to limit the employment of former employees).

New from 10/30/2017: The Ministry of Labor of the Russian Federation in a letter dated October 18, 2017 N 14-2 / \u200b\u200bВ-935 specifies how to terminate an employment contract concluded with a temporary employee while the main employee is on sick leave (when the term of termination of an employment contract is determined by the date on the sick leave).

New from 08/02/2017:

According to Rostrudfor the absence of mandatory conditions in the employment contract (article 57 of the Labor Code of the Russian Federation "Content of the employment contract") the employer faces a fine. For more information, see the message of Rostrud.

New from 07/13/2017:
The Ministry of Labor of Russia in a letter dated June 30, 2017 No. 14-1 / В-591 explained which paragraphs a microenterprise can exclude from a standard labor contract. More on this.

Commentary on the standard form of the employment contract for microenterprises  (Source: government.ru)
Resolution No. 858 of August 27, 2016 approved a standard form of an employment contract that includes various options for filling out certain terms and conditions. The standard form of an employment contract at microenterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a particular employee.
Prepared by the Ministry of Labor in pursuance of the list of instructions of the President of Russia following the results of the meeting of the State Council on Small and Medium Business Development held on April 7, 2015 (No. Pr-815GS of April 25, 2015, paragraph 4, subparagraph “b”) and with a view to implementing the Federal Act of July 3, 2016 No. 348-ФЗ “On Amendments to the Labor Code of the Russian Federation regarding Particularities of the Regulation of the Labor of Persons Employed by Employers - Small Entities Entered as Micro-Enterprises” (hereinafter - Feder flax Law №348-FZ).
In accordance with Federal Law No. 348-ФЗ, an employer, a small business entity that is classified as a microenterprise, has the right not to adopt local regulations containing labor law norms (internal labor regulations, wage regulations, shift schedules, and others). At the same time, the terms and conditions, which are regulated by local regulatory acts in accordance with the Labor Code, should be included in the labor contract, which is concluded on the basis of the standard form approved by the Government of Russia.
The signed decree approved the standard form of the employment contract, which includes various options for filling out certain terms and conditions. This will provide flexibility in the regulation of labor relations, taking into account the specific activities of a particular employer.
The standard contract form includes special conditions applicable to teleworkers and homeworkers who are not used in other cases.
The standard form of an employment contract at microenterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a particular employee.
The implementation of the resolution will reduce the volume of workflow and increase the level of protection of the labor rights of workers working for employers - small businesses that are classified as microenterprises.

The employment contract shall indicate:
surname, name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - individual) who entered into an employment contract;
information about the documents proving the identity of the employee and employer - individual;
taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs - individual entrepreneurs);
information about the representative of the employer who signed the labor contract, and the reason by which he is vested with the relevant authority;
place and date of conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
place of work, and in the case when an employee is accepted for work at a branch, representative office or other separate structural unit of the organization located in another locality, the place of work with an indication of the separate structural unit and its location;
labor function (job post in accordance with the staffing, profession, specialty with qualifications; specific type of work assigned to the employee). If, in accordance with this Code and other federal laws, the performance of work in certain posts, professions, specialties involves the provision of compensations and benefits or the existence of restrictions, then the name of these posts, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification guides approved in the manner established by the Government of the Russian Federation, or relevant provisions of professional standards;
the date of commencement of work, and in the case when a fixed-term labor contract is concluded, also its validity period and circumstances (reasons) that served as the basis for concluding a fixed-term labor contract in accordance with this Code or other federal law;
conditions of remuneration (including the size of the tariff rate or salary (official salary) of the employee, surcharges, allowances and incentive payments);
mode of working time and rest time (if for a given employee it differs from the general rules applicable to this employer);
guarantees and compensations for work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions determining, if necessary, the nature of the work (mobile, traveling, en route, a different nature of work);
working conditions at the workplace;
a condition for mandatory social insurance of an employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If at the conclusion of the labor contract any information and (or) conditions from the number provided for by the first and second parts of this article were not included in it, this is not a basis for declaring the employment contract null and void. 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 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.
The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law, 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);
the obligation of the employee to work after training for at least the time 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 conditions of the employee and members of his family;
on the clarification, with reference to the working conditions of a given employee, of the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;
on additional non-state pension provision for the employee.
By agreement of the parties, an employee’s and employer’s rights and obligations established by labor laws and other regulatory legal acts containing labor laws, local regulations, as well as the rights and obligations of the employee and employer arising from the terms of the collective agreement, agreements may also be included in the labor agreement. . The non-inclusion in the labor contract of any of the indicated rights and (or) the obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Term of the employment contract  defined in Article 58 of the Labor Code of the Russian Federation
Employment contracts may be concluded:
1) for an indefinite period;
2) for a specified period of not more than five years (fixed-term employment contract), unless otherwise specified by this Code and other federal laws. For details, see article 58 of the Labor Code of the Russian Federation.

The concept Fixed-term employment contract  is introduced in Article 59 of the Labor Code of the Russian Federation.

According to article 60 of the Labor Code of the Russian Federation   Prohibition to demand performance of work not stipulated by an employment contract, with the exception of cases provided for by this Code and other federal laws.

In article 60.1. Labor Code of the Russian Federation defines the concept Part-time work
An employee has the right to conclude labor contracts on performing other regular paid work in his free time from the same employer (internal part-time job) and (or) with another employer (external part-time job). Features of labor regulation of persons working part-time, are determined by Chapter 44 of this Code.

In article 60.2. Labor Code of the Russian Federation refers to: Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of duties of a temporarily absent employee without exemption from work specified in an employment contract

Article 61 of the Labor Code of the Russian Federation determines:Entry into force of an employment contract

An employment contract shall enter into force from the day it is signed by the employee and the employer, unless otherwise provided by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the labor contract, or from the day the employee is actually authorized to work with the knowledge or on behalf of the employer or his authorized representative.
The employee is obliged to begin to perform labor duties from the day determined by the employment contract.
If the labor contract does not specify the day the work begins, then the employee must begin work on the next business day after the contract comes into force.
If the employee does not start work on the day the work begins, established in accordance with part two or three of this article, the employer has the right to cancel the employment contract. A canceled employment contract is considered to be non-concluded. Cancellation of an employment contract does not deprive the employee of the right to obtain collateral for compulsory social insurance in the event of an insured event from the date of conclusion of the employment contract until the day it is canceled.

An employment contract is an agreement between an employer and an employee on the nature and timing of an employment relationship. An employment contract legally formalizes the mutual rights and obligations of participants in labor relations. A correctly drawn up employment contract will protect the interests of the employer, without violating the rights of the employee, and will help to avoid many undesirable legal consequences. The parties to the employment contract are the employer and employee.

An employment contract is an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, to ensure working conditions stipulated by labor legislation and other regulatory acts, to pay the employee wages in time and in full, and the employee undertakes to personally perform the labor function defined by this agreement, comply with the internal labor regulations applicable by the employer. The main document regulating labor relations is the Labor Code, and the terms of the labor contract should not contradict its articles. Moreover, in controversial situations, they will be interpreted as described in the labor code.

An employment contract should be distinguished from. An employment contract provides the employee with a number of benefits, guarantees and compensations not provided for in the contractual relationship.

Sometimes in practice they use the terms labor contract, labor agreement.

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 remains with the employee, the other is kept by the employer. The fact of obtaining a copy of an employment contract by an employee is certified by the signature of the employee on a copy of the employment contract held by the employer.

An employment contract that is not executed in writing is deemed to be concluded if the employee began to work with the knowledge or on behalf of the employer or his legal representative. Upon the actual admission of the employee to work, the employer must draw up an employment contract with him in writing no later than three business days from the date of the actual admission of the employee to work.

According to the labor code, additional conditions may appear in the labor contract that do not worsen the position of the employee compared to those established by labor legislation and other regulatory legal acts, a collective agreement, agreements, local regulatory acts, namely:

• The condition on the specification of the place of work, indicating the structural unit of registration and its location;
• The condition of the trial period;
• Non-disclosure agreement for proprietary or commercial information;
• The condition on the obligation for the employee to work after training for at least the period specified by the contract, if the training was carried out at the expense of the employer
• An agreement on the types and conditions of additional social and medical insurance for the employee;
• A condition on the possibility of improving the social and housing conditions of the employee;
• A clause specifying the working conditions of this employee, as well as the rights and obligations of the employee and the employer, established by labor legislation and other regulatory legal acts containing labor law norms.

When concluding labor contracts with certain categories of workers with labor legislation and other regulatory legal acts containing labor law norms, it may be necessary to coordinate the possibility of concluding labor contracts or their conditions with relevant persons or bodies that are not employers under these contracts, or drawing up labor contracts in more copies.