How correctly the form of the contract will be chosen during employment, the easier it will be for the employer and subordinate. Many confuse the concepts of an employment contract and an agreement. Let us consider in more detail what are their differences and, accordingly, what is the model of an employment agreement.
Employment contract
An employment contract means a document signed between an employee and a manager, where each of the parties must fulfill certain obligations. In this case, the manager must provide normal working conditions, pay a decent salary, etc., and the employee, in turn, must fulfill the obligations prescribed by the contract and according to his qualifications. Also, the subordinate is obliged to follow the internal routine in the organization where he works.
According to article 57 of the Labor Code of the Russian Federation, the following points can be attributed to the standard content of an employment contract:
- employee details;
- full name of the employer;
- passport data;
- place of work;
- labor duties;
- working conditions;
- schedule;
- compensation and warranties;
- duties of the parties;
- responsibility of the parties;
- period of employment.
In addition to the items listed, the contract may include additional information that is considered important in a particular organization. The contract form must be drawn up directly by the head and approved.
Contract of employment
A civil contract, or a labor agreement (a model of which is presented below), is a document where two persons terminate, amend or establish civil rights, as well as obligations to each other.
The parties make this type of agreement by mutual agreement, determining the necessary conditions. Exceptions are cases that are provided for in article 421 of the Civil Code of the Russian Federation.
For example, a temporary labor agreement, the sample of which must be held by the employer, is applied in cases when you need to complete an assignment, assignment or provide a service for a fee.
According to the terms of the agreement, the employee cannot count on paid leave or sick leave. In addition, the employer does not pay for downtime and may not provide the employee with permanent work.
The main differences
The model of the labor agreement with the employee and the form of the labor contract are significantly different from each other. And the most important differences are always associated with the rights of the employee. Employers take advantage of this and reduce the guarantees intended for citizens entering into labor relations. Therefore, before signing the document, it should be clarified what form of agreement is proposed.
Many do not know the significant differences between the documents, and after all, a civil law agreement does not guarantee a good and timely salary, substantial compensation, legal dismissal, and the employer can forcibly recover from the employee a fee for alleged damage. Of course, all this is illegal, so consider the differences in the forms of documents:
- a fixed-term labor agreement (a sample of which is presented below), as well as other forms of agreements, are assumed by the parties to the contractor and the customer, while in the labor contract it is the employer and employee;
- of great importance in the agreement is the final result, and in the contract - labor obligations and compliance with internal regulations;
- the payment of money upon signing the agreement occurs at the end of the work performed and is determined by the volume of this work, and the labor contract involves an established salary, which is paid several times a month;
- the contract obliges to provide the employee with paid leave and observance of the work schedule;
- an employment agreement always has a specific validity period;
- The Labor Code of the Russian Federation regulates the provision of guarantees to employees entering into an employment contract, while the model of an employment agreement with an employee does not provide for such guarantees, and if they are indicated, their observance is called into question;
- a civil law agreement allows you to hire an unlimited number of employees, and the number of employees under the contract is limited to the staffing in the company;
- an employer concluding labor agreements may refuse to seek employment, without explaining the reasons for this, but in order to refuse to conclude an employment contract, it is necessary to indicate good reasons, which is prescribed in Art. 64 of the Labor Code;
- when working under an employment contract, an employee can be liable in a sum of money that does not exceed his monthly earnings, and with an employment agreement, an employee can not only pay a fine, but also fully compensate the cost of damage.
What should not be counted on?
The model labor agreement does not provide the following guarantees:
- Material assistance to an employee.
- Various compensation.
- Paid medical care.
- Payment of maternity benefits.
Crediting social contributions for future retirement.
Decor
Depending on the amount of work, the parties can choose options for drawing up an agreement:
- draw up a sample labor agreement in writing, including provisions and various clauses in it;
- compose a text and affix it with signatures and, if necessary, a seal (in some cases notarization is possible);
The text of the document must be previously agreed by the parties and executed in duplicate. It is important to ensure that the agreement does not contain elements of the contract with the employee.
Many organizations have their own ready-made labor agreement. The contractor can only familiarize himself with it and sign it if there are no contentious issues.
It should be remembered that all of these provisions are binding, therefore, before signing, you must carefully read the text.
An example of filling out an employment agreement is as follows:
- date of compilation, registration number;
- parties to the agreement;
- subject of the agreement (type of work that required the involvement of specialists);
- rules and important points of the agreement;
- responsibility for the execution and damage to materials;
- terms of mutual settlement and acceptance of work;
- provision of materials;
- termination conditions.
A sample labor agreement with an employee to perform certain services is presented below.
Termination
The agreement may be terminated in the following cases:
- Automatically after carrying out all the proposed work, their acceptance and mutual settlement.
- Unilaterally, if the requirements specified in the agreement are not satisfied.
If one of the parties disagrees with the termination, this decision may be appealed in court.