In modern society, almost all relations between legal entities and individuals are formalized in an official supporting document. Sometimes even interpersonal relationships are subject to a certain design. One type of contractual relationship is an employment contract or contract. It acts as a guarantee for both parties, has legal force, imposes certain obligations and gives rights. The correct execution of this document is the key to a fruitful and pleasant cooperation with minimal risks, both for the employer and for the employee. This article discusses the design features, purpose, composition of this document.
Deciphering the concept
An employment contract, also known as a contract, acts as a document fixing duties, rights, responsibilities, a list of work, the amount of wages between the structure or individual offering the job and the applicant. The labor legislation has certain features regarding the execution and fulfillment of obligations between the employer and the employee. One of the indispensable conditions is the official registration of the employee and the provision of a certain social package. It is an employment contract or contract that is the way to fulfill this condition.
It is worth noting that the contract and the agreement in Russian labor law are identical concepts. In the Labor Code of the Russian Federation there is no definition of the word "contract", but in everyday life it is used and carries all the functions of a contract. Basically, this concept applies to labor relations issued for a certain period. In other words, a contract is a fixed-term employment contract.
Value for parties
Many people are skeptical of the need for formal clearance. This procedure obliges both parties to bear additional material costs in the form of taxes and social contributions. Also, official registration is not beneficial for the employer, as it deprives him of the opportunity to dismiss an employee on his own initiative without significant reasons. Most Russian employers prefer to keep new employees on a trial period for as long as possible without proper clearance. This allows you to significantly save on salaries and other benefits, as trainees usually have a much lower salary than a fully recruited employee. In many cases, with this approach, a high percentage of "staff turnover" is observed. Some trainees do not stand long-term operation with a meager return in the form of payment, others dismiss their bosses on their own, finding a "flaw" in their work.
What gives the labor contract to the parties
When creating a new labor relationship, both the employee and the employer carry certain risks. For an employee, these may be the following situations:
- dismissal at the initiative of the employer at an unpredictable point in time;
- non-payment of promised salaries;
- assignment of obligations not contemplated by the post;
- irregular work schedule;
- unpaid sick leave and vacation pay;
- lack of legal guarantees for injuries in the workplace.
There is a similar list of unpleasant consequences for the employer:
- non-compliance with the provisions of the company by the employee;
- theft or damage to property of the organization;
- failure to fulfill plans, failure of the operating mode.
In order to protect yourself from fraud, theft, non-fulfillment of agreements, lack of social and legal protection, it is necessary to correctly draw up a sample of the labor contract, write down all the exciting moments in it, inform the employee about it in time and sign it at the stage of employment.
The procedure for concluding an employment contract
Before entering into an employment contract with an employee, several stages of interview and testing are usually conducted. Usually it all starts with receiving a resume from the employee by e-mail, through special portals on the Internet, or from the secretary, if this document was transmitted by the applicant to the company personally. Then he is invited to an interview with the personnel service, direct boss, or a commission of interested persons of the company. The knowledge, skills and psychological qualities of a potential employee are tested for compliance with a vacant position. It can also be checked by the security service for negative reviews from previous places of work, criminal records and a suspended sentence, behavior consistent with the company's image, and so on.
If the applicant has gone through all these stages and is ready to go to work, it is necessary to draw up an employment contract. For this, the employee is provided with a specific set of documents:
- passport;
- TIN;
- SNILS;
- employment history;
- diplomas, certificates, certificates and other documents confirming the education received;
- military card (for those liable for military service);
- health book (if the planned labor activity is in the field requiring its availability).
Depending on the specifics of the organization, the employer may request other documents. For example, a description from a previous place of work. For employment, these documents are not mandatory, but can give their owner advantages over other applicants.
The conclusion of an employment contract or contract takes place with the execution of at least two copies. One of them remains in the organization, the other is handed over to the employee.
Document Content
When registering an employment contract, a number of content requirements must be taken into account. The legislation does not define a clearly established form of the contract, but requires certain points. The mandatory sections of this document include the following sections:
- name, actual and legal address, TIN, position and full name of the head, name of the unit or branch of the employing company;
- job description, transfer of labor duties and competences assigned to the employee;
- rights and obligations of the employee, dissemination of responsibility;
- Start date
- term of the employment contract;
- reasons for concluding a contract;
- payroll method, salary, rate, bonuses and other incentive measures;
- the length of the working day, week, shift, time for a break, weekends;
- compensation and surcharges if the employee works in difficult conditions, with harmful production, as well as for overtime work;
- if the employee in the current position is entitled to benefits, additional tax deductions and other social bonuses, his position must be specified in the contract in accordance with the state classifier of posts;
- a description of the workplace and the mode of work (remotely, traveling in the territory of the employer).
The contract may include additional clauses relevant to the organization.
Legislative regulation
The issue of employment contracts and contracts, as well as the rules for registering an employee, is reflected in the Labor Code of the Russian Federation. The following articles contain this information: 63-71. They reflect the admission procedure, the documents submitted, the content of the contract, the reflection in accounting, reporting to statistical authorities and other interested structures. The deductions and payments for the employed employee are reflected in the Tax Code. There are also separate regulations governing the relationship between the employee and the employer.
Varieties of labor contractual relations
Allocate a fixed-term employment contract and a perpetual contract. The first is usually drawn up for a period of one to five years. In some cases, the organization may draw up a contract for a shorter period of time. For example, if the work for which the employee is taken is calculated by the deadlines for a period of a month or more. They also draw up a fixed-term employment contract for the period of the internship or probationary period. After the expiration of the specified period of work, the contract is extended. If you still need to end the employment relationship with the expiration of the contract, you must notify the other party to the contractual relationship no later than 2 weeks before the expected date.
A perpetual employment contract has no expiration date. Its contents are identical to a fixed-term contract. There are also practically no differences in the termination procedure.
Effective labor contract
This concept has come into use not so long ago, but it is already fully supported legally and is actively used. The main place of application has become the public sector. According to the legislative program in 2018, all employees of municipal and state structures should be transferred to such a contract. Its need is due to low rates of labor and achievement of plans. Now, an employee working on this type of employment contract as an effective contract will receive substantial allowances and bonuses for the achievement of certain indicators, described in detail in this document. According to officials, just such a motivation should serve as a way out of the crisis and increase the outcome indicators in some sectors.
Termination of the contract at the initiative of the employee
Some situations require the termination of the employment contract: relocation, changes in the composition of the family, problems in the circle of relatives, conflicts with colleagues or superiors, an alternative job option, and so on. According to labor law, breaking a contract with an employer is possible in the following situations:
- on agreement of the parties;
- upon expiration of the contract;
- in case of default;
- under force majeure circumstances.
In any other case, you will either have to prove your position in court or pay a forfeit.
Company-initiated contract termination
The organization also has the right to terminate the labor contract in a number of cases stipulated by labor legislation:
- violation of internal regulations and safety precautions by an employee;
- systematic absenteeism and lateness;
- failure to fulfill agreed obligations;
- disruption of the terms, plan, goals of the contract;
- damage to property of the company and its employees;
- administrative offenses;
- expiration of the contract.
If an employee is dismissed for no good reason, he must be paid a refund.