An important document confirming the existence of an employment relationship between an employer and an employee is an employment contract. An important point in employment is the completion of an employment contract. A sample of this document should be in every company, and before signing it, the employee has the right to familiarize himself with it. Without such an agreement, official labor in Russia is prohibited.
Definition
The essence of the employment contract can be considered from several parties. Firstly, it is a labor agreement between an employee and an employer. Secondly, this is a title document that is based on nomenclature production of cases related to the settlement of relations at work. Thirdly, it is a legal aspect that proves the emergence or termination of an employment relationship.
The value of the contract is determined in order to indicate the conditions under which labor relations are possible. The presence of this document allows you to determine all the nuances associated with the labor process, payroll and other important issues. This is not only a guide to action, but also a support in asserting their rights.
Classification
The type of contract will depend on what type of activity is provided. Therefore, before starting work, it is mandatory to fill out an employment contract, a sample of which must be provided to the employee for review.
Employment contracts can be classified as follows:
- agreement at the main place of work;
- agreement for those accepted on a competitive basis;
- part-time;
- agreement for up to 2 months;
- physical person employment agreement;
- work at home;
- agreement with an employee working outside the state;
- the contract;
- seasonal work agreement.
In addition, there are contracts based on time frames:
- urgent, where a certain period of employment is expected;
- unlimited, involving the work of an employee for an unlimited period;
- part time.
Also, in addition to the types of agreements listed, there is a so-called collective agreement. It has autonomous legal force and is a document approved at the general meeting of the labor collective. At such a meeting, the main provisions of this agreement may be adopted, which are not included in the standard contract, the issue of hiring or dismissing an employee, etc. may be raised.
Fixed-term contract
When an employment relationship cannot be concluded under a perpetual contract for a number of reasons, a fixed-term contract is drawn up. A sample of such an agreement should be provided to the employee to familiarize himself with the main nuances of the work itself. The nature and conditions of work under such an agreement are clearly spelled out in Art. 59 of the Labor Code of the Russian Federation.
A fixed-term employment contract may be concluded only by agreement of the parties. This means that if for some reason an employee wants to sign an agreement for an indefinite period, the employer cannot refuse him. And if the refusal has nevertheless been received, then it must be based on the professional qualities of the employee, checked during the trial period.
If the agreement does not stipulate its validity period, then automatically such a document becomes unlimited. And in a situation where none of the parties terminated the fixed-term contract after its expiration, the document is considered extended for an indefinite period.
A fixed-term employment contract, taking into account all the possibilities of its termination, may be:
- conditionally urgent (the employee is taken at the time of the absence of a constantly working person);
- with a relatively defined period (an employee is hired by a company that is created to perform a deliberately defined work);
- with an absolutely fixed term (the employee is elected to an elected position for a specific term).
In all these cases, an urgent labor contract must be signed. A sample of this document is presented below.
Contract with SP
When applying for a job, a private entrepreneur must also conclude an IP employment contract with an employee. A sample document must be kept by the employer in case a citizen applying for a job wants to get acquainted with working conditions.
Without a contract, an employee cannot protect himself if, for some reason, his rights are violated.
The contract with the IP can be both urgent and unlimited. In the first case, the manager hires an employee for the duration of the absence of a permanent employee or for the duration of a certain job. If necessary, such an agreement may become unlimited. In the second case, the employee is hired for permanent work.
An employment contract with an individual entrepreneur should contain information on working conditions and wages. If these criteria are violated, then the employer may have problems with the inspection authorities.
The contract is made in accordance with all the rules in duplicate, indicating the details of the parties and the seal, if any.
The main features of concluding an agreement with IP include:
- a document template is compiled by a private entrepreneur independently;
- the contract is concluded only in writing;
- the agreement should not infringe on the rights of the parties;
- the contract is signed only with citizens over 16 years old;
- if the employee agrees to the working conditions worse than those that the organization can offer, the manager should still adhere to the legislative norms in order to avoid fines and inspections.
An individual employment contract with an employee (sample) is presented below.
Account Agreement
An employment contract with an accountant is no different from standard contracts.
To the main points, without fail, an item on liability and trial period is added.
In frequent cases, such an employment contract is unlimited.
The document should contain the entire list of duties that the accountant must fulfill, as well as references to those regulatory and legislative acts that the employee must adhere to.
Since the position is financially responsible, the contract should indicate the consequences of non-compliance with this fact. In addition, accountants can be required not to disclose the trade secrets of the organization by introducing an appropriate clause in the agreement.
A sample employment contract with an accountant is presented below.
Patent Work
A patent contract is concluded with foreign nationals. The agreement, in addition to standard clauses, should contain the following information:
- patent information;
- data on a residence permit or residence permit in the country;
- health insurance information.
Only non-residents who are legally in the country can work in the Russian Federation. This fact is confirmed by: patent, residence permit, residence permit, honey. insurance.
After completing the contract, the manager must submit data to the FMS. Money transfers are made exclusively to a bank card, salary is not issued in cash.
An employment contract for a patent (sample) is presented below.
Key Points
Based on Art. 57 of the Labor Code of the Russian Federation, clauses of an employment contract should consist of an indication:
- Names of the organization and details of the employee, between which the agreement is concluded.
- Places of work.
- Type of activity, position and type of work.
- Dates when an employee should start work.
- Rights and obligations of the employer and employee.
- Terms of remuneration.
- The mode of rest and work.
- Warranty and Compensation.
- Additional terms, if any, are provided by the organization.
It is very important to remember that if at least one of the listed items is not specified in the contract, the document is considered invalid and can be canceled.
If the completion of an employment contract, the model of which is presented below, has been postponed, and the employee has taken on immediate responsibilities, the manager is required to draw up and sign an employment contract with the employee within three days.
The contract begins to operate from the moment of its signing or the actual start of the work itself. The employee must begin his work no later than the next day from the moment of signing the document. If this does not happen, the employer has the right to terminate the contract.
Warranty
According to Russian law, all citizens have equal rights and obligations. Employees of companies have certain guarantees when concluding contracts. These include:
- Reasonable refusal to hire. The head does not have the right to refuse admission due to lack of registration at the place of residence, pregnancy or the presence of young children, on property or social status. A justified refusal can be considered: lack of vacancies, staff reductions, liquidation of the company.
- Employment of previously dismissed employees for reasons established by law. At the same time, such employees should be accepted for a position no lower than the one they held.
The most important guarantee for any employee is to fill out an employment contract. An employer should always have a sample of it. A timely completed and signed contract can save the employee if it is necessary to resolve any issues regarding employment.
Termination of an agreement
Termination of the contract is provided for by Art. 77 of the Labor Code of the Russian Federation and is based on the following factors:
- Expiration of the employment contract.
- Agreement of the parties.
- Conscription
- Employee transfer.
- The initiative of the employer (liquidation of the company, reduction of staff, gross violations by the employee).
- Employee Initiative.
- Third party initiative (parents, guardians of minors).
- Relocation of an employee or his refusal from new working conditions.
- Conviction of the employee.
- Other grounds.