The concept of an employment contract is recorded in the Labor Code of the Russian Federation. At its core, it is an agreement concluded by the employee as well as the employer. At the same time, both parties have mutual obligations and rights. The employee declares acceptance of certain functions. They relate to the implementation of various actions in his existing specialty and corresponding to his qualification level. In turn, the second side - the employer is obliged to pay material remuneration for work and create conditions that comply with regulatory legal acts of the Russian Federation.
The concept of an employment contract includes the provision of employee social benefits. In this regard, it is more acceptable to the employee than an agreement of a civil law nature.
The main points, the inclusion of which in the agreement document is considered a necessary condition for its legal legality:
- FULL NAME. employee and employer;
- data documents that certify the identity of both parties;
- TIN (for employers);
- date, as well as the place where the contract was concluded.
The concept of an employment contract implies the imposition of a number of duties on the employer. These include:
- the provision of work according to the stipulated labor functions;
- providing labor with the conditions provided for in the Labor Code of the Russian Federation, as well as in other legal and regulatory acts;
- compliance with the terms and volumes of remuneration payments for work.
The concept of an employment contract places a certain range of responsibilities on the employee. They are:
- personal participation in the implementation of their professional activities;
- compliance with internal regulations that apply to the enterprise.
All these norms are set forth in article fifty-six of the Labor Code of the Russian Federation.
The conclusion of the work agreement is made in writing, in the amount of two copies - one for each of the signatory parties. Has a labor contract, the concept of the advantage that it has in comparison with other acts. All necessary rights and obligations of the employer and employee are approved and described in one document, which is fundamental for the two parties. In this regard, the task of comparing the terms of the agreement with the regulatory legal provisions in case of labor disputes is much easier.
The concept and meaning of an employment contract becomes more important when all its essential conditions are taken into account. Moreover, their composition, approved by applicable law, must be included in the agreement.
The essential terms of the contract, without which its conclusion is impossible, are the following:
- FULL NAME. employee and employer (or its name for legal entities);
- an indication of the structural unit and place of work;
- the date from which the employee must begin to perform his labor duties;
- the name of the profession, specialty and position with specification of qualification characteristics, which is assigned in accordance with the staffing table ;
- duties and rights of the employee and employer;
- a description of the conditions existing at the workplace, as well as compensation payments and benefits paid in the presence of harmful and dangerous factors in the production process;
- the regime of working time and intervals intended for rest;
- the conditions that apply to the calculation of remuneration based on the results of professional activity;
- conditions and types of social benefits, the guarantee of which is an employment contract.
The terms of the act between the employee and the employer must be changed only by mutual agreement, which is recorded in writing. The term during which employment contracts are valid may be limited to a period of five years. Permanent agreements may be signed.