Conditions and procedure for concluding an employment contract with employees

Formal employment requires employers to enter into an appropriate employment contract with potential employees. It acts as a formal agreement, on the basis of which the emerging relations between the two parties are regulated. It must be formed in the correct form, and also necessarily contains numerous important information about the company and its employee. Each employer should know what the procedure for concluding an employment contract is, how it is correctly drawn up and what data it includes.

Concept of contract

When applying for a job, any person is required to officially confirm this process. For this, a labor contract is compiled.

It contains the rights and obligations that are vested in both firms and their employees. Lists the working conditions of specialists, as well as other relevant information.

What is contained in the contract?

According to Art. 57 TC, be sure to include data in this agreement:

• the name of the specialist’s position, on the basis of which he is endowed with specific labor functions;
• the place of work of the citizen is given;
• lists the conditions in which the activity will be carried out by a specialist;
• labor mode is described;
• indicates whether to pass a trial period;
• information is provided on the employee's salary, as well as on the periods during which these funds are paid;
• the start date is entered, and if this information is not available, then according to Art. 61 TC begins work on the day following the day the contract is signed.

It is allowed to enter other relevant information into this document. According to Art. 68 of the Labor Code, it is the data contained in this document that serve as the basis for the formation of an order intended for hiring a specialist. Therefore, employers must be well versed in the conditions and procedure for concluding an employment contract.

Contract form

This agreement is drawn up exclusively in writing on the basis of Art. 67 shopping mall. The general procedure for concluding an employment contract takes into account some important points for both parties involved in its signing. These include:

• each party is given a copy of the document, and the necessary signatures must be on them;
• according to Art. 309.2 of the Customs Code, small enterprises represented by various cooperatives or individual entrepreneurs can use the standard form of this document, which is approved by PP No. 858;
• if for various reasons it is required for the employee to immediately begin his work duties, therefore there is still no correctly drawn up and signed contract, then the employer is given only three days to correctly accept the citizen to work.

If the procedure for concluding a written labor contract is violated, this is the basis for bringing the violator, represented by the employer, to administrative responsibility.

What documents are required?

To conclude this agreement, it is required to prepare a citizen who wants to get a job, certain documentation. It is listed in Art. 65 shopping mall. It refers to:

• a passport, moreover, it is allowed to replace it with a driver’s license or other papers with which an identity card is provided;
• a work book, moreover, it may not be presented if a person first seeks work or is supposed to work part-time;
• SNILS;
• men applying for a job must prepare a military ID;
• documents confirming that the potential employee has a certain education or specialized skills, and they can be represented not only by diplomas, but also by various certificates or other similar papers;
• a certificate that indicates the presence or absence of a criminal record, but employers may require this document only in cases established by law.

It is allowed to supplement this list with other documents. Often, if the applicant does not agree to the preparation of certain documentation, then he is denied employment.

What documents are needed to work in a budget institution?

The procedure for concluding an employment contract with a private employer or when applying for a public service may differ slightly, although actions are carried out according to the general principle. If a person plans to work in a public institution, then in addition to the above documents, other documentation will be required. It refers to:

• certificate that the citizen was not held accountable for taking drugs or psychotropic drugs;
• TIN;
• certificate of the presence of various property;
• correctly drawn up questionnaire, which is presented by a special application, on the basis of which a person enters the service.

Employers may ask the applicant to prepare other papers, but the law does not provide for the need for other documents.

Requirements for Applicants

The conditions and procedure for concluding an employment contract suggest that this document can be prepared with applicants who meet certain requirements. They include:

• according to Art. 63 TC, it is allowed to conclude this agreement exclusively with citizens over 16 years old;
• it is not allowed to provide work in difficult and specific conditions to women, minors and public servants;
• people with a criminal record, on the basis of Art. 331 and 351 TK cannot be allowed to work in certain positions.

All these facts should be checked by potential employers before hiring a specific job applicant.

How is a contract made?

The general procedure for concluding an employment contract is considered simple and understandable. For this, sequential actions are implemented:

1. Invitation of a specialist to work. Usually it is represented by announcements, and there may also be an official invitation to a specific professional.
2. Interviewing. During this process, the employer identifies the necessary information about the potential employee. These include experience in a specific field, existing skills and knowledge.
3. Preparation of the necessary documentation. The specialist prepares a package of documents requested by the employer. On the basis of these papers, all information received about a citizen is checked during an interview.
4. Documents are being checked. The employer must ensure that all information is correct and that the paper is genuine. If discrepancies are found in verbally obtained data and specified information in the documents, the businessman refuses to hire a citizen.
5. All working conditions are negotiated. The optimal mode of activity, a suitable salary and the functions that a new employee will be given are discussed.
6. By signature, a citizen gets acquainted with the internal routine and collective agreement of the company. He is presented with a job description for study, which he must follow while working in the company.
7. If a citizen is interviewed and meets the requirements of the employer, a contract is drawn up. In this case, the correct procedure for concluding an employment contract must be observed. Hiring should be based on Art. 67 shopping mall. An agreement is drawn up exclusively in writing, and the information therein should not violate the law.
8. The parties check the prepared document to make sure that it contains the necessary data, as well as there are no discrepancies. Only after this is it signed.

If the relevant grounds and the procedure for concluding an employment contract are followed, then the employer will not be able to be held administratively liable for possible violations of this contract.

Usually, a specific validity period for this document is not established, therefore it is drawn up for an indefinite period.

Types of contracts

There are different types of employment contracts. The procedure for concluding an employment contract takes into account how long this agreement is drawn up. Most often, its validity is not indicated, therefore employment is assumed for an indefinite period of time.

In some situations that are listed in Art. 59 TC, it is allowed to conclude an urgent agreement. Its validity should not exceed 5 years.

According to Art. 58 TC, it is allowed to re-register a fixed-term contract into an existing contract for an indefinite period.

Drawing up an order

The procedure for concluding an employment contract requires the mandatory issuance of an order to hire a specialist. It may be replaced by special order.

The order is the primary document that is formed for each specialist hired. This document must be familiarized with the employee for signature, and within three days after the issuance of the order.

Further, the personnel department prepares other necessary documents, which include a personal card, and also makes an entry in the work book.

What are the guarantees for the employee?

The procedure for concluding and the content of the employment contract are regulated by numerous articles of the Labor Code. It takes into account that the formation of this document under Art. 64 TC is accompanied by the provision of certain guarantees to employees. These include:

• refusal by the employer to draw up an agreement without good reason is not allowed;
• denial of employment is not permitted if a woman becomes pregnant or has children under three years of age;
• if the specialist is transferred by written agreement, the contract must be executed within 1 month after the specialist was dismissed from his previous job;
• if the employer refuses the job seeker, the citizen may submit a written request in order to receive a written justification for such a decision;
• denial of employment is allowed to appeal in court.

Thus, the need for TC to form and sign an employment contract gives citizens guarantees that their rights will be respected by different owners of companies.

Who can be contracted with?

The procedure for concluding an employment contract with employees is considered the same regardless of experience, professionalism and the chosen position as a citizen. You can only draw up a document with adult citizens, but teenagers from 16 years old can be hired for light jobs.

For some work, women or people with a criminal record cannot be registered.

Nuances of amendment or termination of the contract

Each employer must understand the procedure for concluding and amending an employment contract. The TC describes all the conditions and requirements that must be observed for this. Usually, the employer does not have the opportunity to independently make adjustments to the document, so you have to get permission and consent from the union and the employee himself.

Significant changes are made only after adjusting the collective agreement and other internal acts of the company. If conditions worsen, then you need the consent of a specialist.

Termination of the contract may be initiated by the employer or employee. If the manager himself wishes to dismiss the specialist, then he must have good reasons, for example, violation of discipline, failure to perform work duties, inadequacy of the knowledge and skills of a citizen in the current position, or identification of theft. All these facts and violations must be confirmed by official documents.

In case of unjustified termination of the contract, a citizen can apply to the court to challenge such a decision and to levy funds from the former employer in the form of compensation for moral damage.

The nuances of concluding a contract with a foreigner

If you need to hire a foreign specialist in a company, then you need to get permission from the FMS.

In addition, the employer must ensure that the applicant has a patent or work permit.

The FMS and the Federal Tax Service must be constantly informed of the conclusion and termination of the contract with a foreigner.

Thus, an employment contract is considered an important agreement for workers and employers. It is important to understand the rules and the procedure for its conclusion. For this, numerous TC standards are taken into account. If they are violated, the head of the company is held liable. Employees themselves must ensure that their rights are not violated, and if various violations are discovered, they must contact the labor inspectorate or court.