In modern conditions, a significant part of the citizens of our country works without formalization, where an employment contract is not drawn up, and working conditions are far from the safest. This is largely due to the peculiarities of the legislative and tax system, due to the imperfection of which many entrepreneurs prefer not to show a tax employee, and give him a salary in an envelope. It’s not worth talking about all the shortcomings of such an approach to the work process since everyone knows it for a long time (there is no work experience, no medical insurance, in case of an accident a person is left without help from the enterprise and the state). That is why today we will talk about what is an employment contract and how it is properly executed.
Any contract is a definite written agreement between participants in business relations in which the employee undertakes to strictly and qualitatively carry out all the work entrusted to him, and the employer undertakes to pay wages in a timely and proper manner. A feature of the employment contract is the regulation of relations between the owner and the employee, which are negotiated and fixed in the contract specifically with each of them. If we are talking about the entire team of the enterprise, then in this case a collective agreement is created .
The terms of the employment contract include both obligatory clauses and additional clauses, which can be fixed by agreement of the parties. The obligatory clauses of any employment contract include the following:
- An indication of the rights and obligations of the employer and employee.
- Fixation in the contract of the duration of the working day, days off and holidays.
- Indication of force majeure.
- Guarantees of the rights and obligations of both the employee and the employer.
It should be remembered that a person has the right to work in several enterprises and conclude an employment contract with each of them . In addition, one of the varieties of an employment contract is a contract, which also discusses its validity period, responsibility, rights and obligations of the parties, the conditions for its termination, as well as material support and the general organization of labor.
Along the way, we note that not all types of labor activity of workers are regulated by modern labor law standards. Many of them have a special legal status, where the employment contract cannot be changed, since it is regulated by certain norms of civil and administrative law, as well as relevant charters (for military personnel, employees of the Ministry of Internal Affairs, the FSB, the prosecutor's office, and so on).
If we talk about various commercial structures, the execution of an employment contract is beneficial, first of all, to the employee, since by doing so he is reliably protected from the risk of the employer's failure to fulfill his obligations. That is why every person should know that when applying for a job, such an agreement must be concluded within 3 days (Article 67, Labor Code of the Russian Federation). If this does not happen, the employee has the right not to fulfill the duties assigned to him until the signing of the documents.
Incidentally, in the West they take the conclusion of an employment contract very seriously; moreover, the labor protection conditions for workers are fully respected there, as well as full social security. In addition to economic development, the very attitude of people to this process also plays a big role. In our country, many are still quite negligent not only in writing certain services, but also in their own safety. That is why an employment contract should be concluded at present, since it forms a completely different approach to work, forcing the employer to carefully consider the working conditions of the employee and to adequately evaluate his work.