With the official employment of an employee, an employment contract is drawn up. Then the specialist will have all the legal rights and obligations established by law. But this document must be filled out correctly. An example of an employment contract is presented in the article.
Difference from civil law
Recently, the phenomenon of registration of labor relations with the help of civil contracts has been noticed. Is it necessary to conclude it? There are times when the design of this documentation is considered reasonable, but usually for the employer this is a way to reduce costs. In addition, he can seriously infringe on the interests of the newly made employee.
A civil contract involves drawing up an agreement between the parties. Its essence lies in the fact that a person carries out specific work, which is paid by the employer at a set price. The relationship between the contractor and the customer is not considered labor, therefore, the norms of the Labor Code of the Russian Federation cannot be applied. That is, such an employee is not entitled to leave, sick leave, funds will not be paid to social authorities. The employee will be deprived of labor rights.
Such contracts do not include minimum wage requirements. In addition, the employee cannot protect his interests, as well as contact the labor inspectorate. The defense of interests will be carried out in a court of general jurisdiction.
The performance of work under a civil law agreement is not fixed in the length of service if insurance premiums are not paid for the employee. This means that this will adversely affect future retirement. In addition, the powers of the leader regarding the termination of such an agreement are noticeably expanded.
The labor legislation outlines the grounds for dismissal of an employee. The head does not have the right to dismiss him without good reason, the list of which is clearly established by the Labor Code of the Russian Federation. A civil contract is easily terminated. This can be done even unilaterally, unless other rules are spelled out in paper. Compensation is paid only for the work performed, and for unused vacation and other payments will not be.
But with such a document, an employee can quit at any time whenever he wants, without working out for two weeks. Although, if the employer proves that this led to losses, they will have to be compensated. Lost profits are also subject to reimbursement. Therefore, one should not take such a risk, it is necessary to draw up an employment contract, which serves as confirmation of the official appointment.
How is it compiled?
An example of filling out an employment contract will create a competent document. And in order for him to have legal force, the following rules must be observed:
- The document is made in writing. There can be no verbal agreement on this issue.
- Those who have the appropriate authority sign these agreements.
- The main structural elements include information and conditions established by the parties related to the work.
- Conditions in the agreement are made by the employee and the employer. Moreover, the latter cannot reduce the list of employee rights established by the Labor Code of the Russian Federation.
In organizations, the texts of these documents are created by the structural unit, which is responsible for maintaining personnel. If there is no such structure (for example, in small institutions), then such work is carried out by an official appointed by the head.
Content
If you look at an example of an employment contract, we can conclude that its content includes 2 parts: information about the job and conditions. At the same time, the latter are divided into mandatory and additional.
In the example of an employment contract of the Russian Federation, the following data are recorded:
- Name of the company-employer, full name a manager who can sign this agreement and the grounds for obtaining such a right.
- FULL NAME. employee.
- Information from the passport and insurance certificate of the employee.
- Addresses of the parties.
- Employer tax number.
- Place of agreement, date of signing.
Basic information is located both in the preamble and at the end of the document. A change in the provision of details-information is not considered to be the reason for the non-recognition of the employment relationship as legal, as well as the reason for the renewal of the agreement.
Terms
In the example of an employment contract, most of the text is made up of conditions. Mandatory include:
- The place of work, which is understood as the address of the institution, as well as the place and working conditions where the employee will work.
- Labor function, which involves the position of an employee in the company. A person’s position is written out of the staffing table. A link to the job description is also provided.
- The date with which the employee will work. It is believed that a failure to appear on the day specified in the agreement will void the latter, regardless of whether an order has been created.
- Validity. This agreement is usually unlimited. But there are situations when an employee is hired for a certain period, for example, during seasonal activities or during replacement.
- Payment terms indicated on the document that governs the staffing, structure of the company. The value of the employee’s minimum rate is indicated. A designation of co-pay details is also required.
- Working hours and rest. Be sure to indicate the duration of the work shift, weekends, holidays.
- Terms of the nature of the activity. Under this paragraph, it is determined whether the employee is permanent or combining.
- Social Security Terms. They guarantee what deductions are deducted from the FSS and to the FIU.
- Other conditions.
In the example of an employment contract, additional information is also indicated that can specify and clarify the obligations of the parties. These rules should not worsen the obligations of the parties in comparison with the norms of the law.
Additional terms
An example of filling out an employment contract with an employee includes additional conditions:
- The place of work is being specified. Mandatory all the important information, including information about the office, car make, machine.
- Probation. Usually it is 3 months for full-time employees and 6 months for management.
- The condition for maintaining confidentiality within the institution, the protection of which is established by law.
- A condition implying an obligation on an employee to work in an institution that paid for his studies.
- A condition regarding the improvement of living conditions.
Responsibilities
They may not be indicated in the regular and fixed-term employment contract. An example includes a listing of responsibilities. This information is spelled out in Articles 21 and 22 of the Labor Code of the Russian Federation, so many do not duplicate it, but nevertheless, some of the information can be indicated.
Filling out
How to fill out this document? An example of a part-time employment contract or one job will help beginners in this matter. In some institutions, the text of the agreement is unified, therefore, problems should not appear when filling out. Typically, the employee only needs to read the text of the document, and then sign it. Before signing, the employee is introduced to the LNA complex, which regulates its work.
The form
How many copies of a regular or collective labor contract? An example of filling out these documents is usually the same, but they are usually made up of 2 pieces. At the same time, both must be signed by the employer and employee. Everyone gets a copy. The absence of a written contract form is a violation of the law. The organization is responsible for this.
Details and registration
Mandatory elements of a document include:
- Title.
- Date of registration.
- Place of compilation.
- Information about the institution.
- Employee Information.
- Signature of the employee.
- Signature of the responsible person.
- Print Imprint.
- Visa approval.
After receiving from the employee his paraffin in the prescribed place, the cadastral service shall register the contract. There is a registration journal for this. There, information related to the contracts is indicated, and each agreement has its next number.
In case of dismissal, the employment contract is terminated. An example of this document is presented in the article.
Is there an app?
To specify the clauses of the agreement, the necessary documents are attached to it. They are needed due to the fact that with their help the structure of the contract itself is not complicated. For example, it does not always work out to indicate the entire list of employee responsibilities that must be performed in agreement with management.
So that the contract itself does not include many pages, a job description is drawn up for it, which will indicate the rights, obligations and responsibilities of the employee. As a separate paper, there may be an agreement on liability.
Storage
When all stages are completed, one copy is left with the employee. The copy of the employer remains in the personal file or in a special folder. Everything is arranged in alphabetical order there.
Since March 13, 2016, the storage of documentation is carried out with some changes. Personnel papers are stored not 75 years, but 50.
The reason for such changes is that archives cannot cope with the storage of documentation. Due to the long period, archival funds could not be unloaded for new documents. And for employers, this issue remains problematic.
The structure of the contract is considered complex documentation, which allows you to fix the employment relationship. Therefore, it is necessary to rely on the basic regulatory, methodological recommendations for its design in order to prevent mistakes.