The conclusion of an employment contract must be recorded in writing. Previously, when the economy was centralized, there was no need for this. Only fixed-term contracts containing a list of benefits for employees were then concluded in writing. A centralized order made it virtually impossible to change any terms of the agreement.
The conclusion of an employment contract only on paper was introduced in 1992 by the law of the Russian Federation. This is due to the processes taking place in the country. The fact is that with the establishment of working conditions, from now on the regulation of relations between the employer and the subordinate through agreements has become prevailing. The general procedure for concluding an employment contract requires the preparation of two copies of the document. Both sides sign both copies. After that, one copy is kept by the employer, and the second is handed over to the employee. The document that remains in the personnel department must have the signature of a subordinate confirming that he also received the same agreement.
The conclusion of an employment contract on paper makes it specific, specific. And if a dispute suddenly arises, then this form of agreement will help resolve it as soon as possible.
The employer must take care of how to draw up an employment contract and when to do it. The subordinate should not suffer as a result of failure by the authorities to fulfill this obligation. The fact that an employment contract exists is not proved by its form, but by the existence of an employment relationship. If the representative of the employer or he himself instructed the subordinate to start work, the agreement is considered concluded, despite the fact that it has not yet been drawn up. And at the same time, such a step does not exempt the head from the written execution of the contract. The Labor Code even indicates the time frame within which it must have time to do this: only three days from the moment the subordinate is allowed to work.
In the case of the signing of employment contracts with certain categories of the population, the law provides for additional coordination of conditions with persons or bodies that are not employers for this document. For example, an agreement concluded between a representative of the executive branch and the head of a state-owned enterprise must be agreed with and approved by the Ministry of Property Relations.
The conclusion of an employment contract automatically gives both parties obligations and rights. If the subordinate did not start work at the right time, the employer has the right to cancel the document. To do this, he must issue an order having the appropriate content.
If an insured event has occurred from the day the contract was concluded and inclusive until the day it is completely canceled, this employee has the same right to receive social insurance benefits as everyone else.
In modern market conditions, there is a need for labor law to fulfill a protective function. This is especially true for the employment of certain categories of citizens. There must be some warranties for them. This protective function consists in the fact that the employer does not have the right to unreasonably refuse to conclude an employment agreement. He must state the reason for the refusal in writing, and the employee can appeal to the court with a request to appeal this decision.
The right and the opportunity to conclude a labor agreement is confirmed by constitutional guarantees that allow everyone to independently choose their occupation, profession, type of activity in the future, and manage their inclinations and abilities at their own discretion. These opportunities are the same for all citizens of the Russian Federation. At the same time, the employer has the right to choose such subordinates whose education and skills would correspond to the work entrusted to them.