Sample contract with an employee. Employment contract and employment contract: differences

with an employee in a person acting on the basis of , hereinafter referred to as " Company”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Employee”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. is hired by the enterprise as; to a position to perform work duties;

2. TERM OF THE CONTRACT

2.1. The contract is concluded between the Company and the Employee for a period of years and is valid from "" 2019 to "" 2019; on not certain period; for the duration of the performance of the work stipulated by this Contract (delete the unnecessary).

3. GENERAL CONDITIONS OF THE CONTRACT

3.1. By concluding this contract, the Employee takes into account that the Company is.

3.2. Performing his immediate labor duties in accordance with this Contract, the Employee will proceed from the Charter (Regulations) of the Enterprise.

3.3. The employee reports directly to the manager, as well as to the Director of the Enterprise.

3.4. The employee is a full member labor collective The enterprise participates with the right of a decisive vote in the activities of its general meeting(conferences).

3.5. The employee has the right to express his personal opinion on any issue of the Company's activities.

3.6. The employee has the right, if necessary, to get acquainted with the rules of internal work schedule Enterprises, collective agreement and labor legislation.

3.7. The employee is guaranteed the unhindered exercise of the right to join a trade union. Discrimination of an Employee in terms of time and rest time, remuneration and other essential working conditions due to his participation in a trade union is not allowed.

4. OBLIGATIONS OF THE PARTIES

4.1. The employee undertakes:

perform in accordance with their profession, specialty, qualification (position) following works: ;
during the term of the contract to achieve the following results;
conscientiously, on time, on a high professional level and accurately fulfill their labor duties, comply with the internal labor regulations of the Company, use all work time for productive work, to refrain from actions that prevent other employees from performing their job duties;
take care of the safety of equipment, raw materials, finished products and other property of the Company, as well as the property of other employees;
timely and accurately execute the orders of the Director of the Enterprise and the immediate supervisor;
by order of the Director of the enterprise to go on business trips;
not to disclose, without the consent of the immediate supervisor, the scientific, technical and other commercial and confidential information obtained during the work;
immediately notify the administration of the Enterprise about the violation of production technology, failure to comply with labor standards, cases of theft and damage to the property of the Enterprise.

4.2. The enterprise undertakes:

provide the Employee with work in accordance with the terms of this Contract;
provide the Employee with the working conditions necessary for the performance of his duties under this Contract, including providing the employee with the necessary technical and material means in good condition;
equip workplace Worker following technique ;
provide the Employee with the following special clothing, special footwear and other means personal protection organize the proper care of these funds;
comply with labor laws and labor protection rules;
provide conditions wages, norms of working time and rest time in accordance with this Contract and current legislation;
to provide the Employee with an increase in qualifications and growth of professional skills at his own expense during the year;
ensure the safety of personal property, tools, Vehicle employee on the territory of the enterprise;
provide a car for business trips or pay compensation when using a personal car for official purposes in the following order;
in the event of the death of the Employee or the onset of his disability in the performance of labor duties, continue to pay until the expiration of the contract to his family or to him the amount in the amount of the average earnings received by the Employee during the time of work under the Contract;
ensure that the introduction of new machinery and equipment does not worsen working conditions; take the necessary measures to protect the health and safety of the Employee when working with new equipment and in new conditions.

All costs under this sub-item are borne by the Company.

5. PAYMENT

5.1. For the conscientious performance of labor duties during the monthly norm of working time, the Employee is guaranteed the payment of an official salary ( tariff rate) in the amount of rubles per month. The official salary (tariff) increases depending on the index of the cost of living determined by the legislation.

5.2. The employee has the right to receive various bonuses, additional payments, bonuses, and other remunerations based on the results of his activities in accordance with the remuneration system in force at the Company.

5.3. The employee is set the following remuneration based on the results of work for the month (quarter) according to the following indicators and in the amount of: .

5.4. The employee is paid remuneration based on the results of work for the year in the amount of rubles.

6. WORKING AND REST TIME

6.1. The employee is set a normalized (non-standardized) working day.

6.2. The monthly norm of working time is . Normal hours of work must not exceed 8 (4) hours per day. Breaks for rest and meals are not included in working hours. Overtime overtime is paid at double the rate for each hour.

6.3. The time of the beginning and end of the working day, as well as a break for rest and meals is determined by the Internal Labor Regulations of the Enterprise and the orders of the managers.

6.4. The normal duration of the working week, as a rule, should not exceed 41 (20.5) hours per week. Overtime work in excess of the normal working week is paid at double the rate for each hour. Days off are provided to the Employee in accordance with the internal labor regulations of the Company.

6.5. It is allowed, as necessary, to overwork in excess of the normal working hours, but at the same time, the working hours for the accounting period (month) should not exceed the normal number of working hours (hours).

6.6. Night time is considered from 10 pm to 6 am. Night work is paid at half the rate.

7. VACATION

7.1. The employee has the right to annual basic leave lasting calendar days. Depending on the results of the work, he may be granted additional leave. To annual leave paid material aid in the amount of rubles.

8. SOCIAL INSURANCE AND SOCIAL SECURITY

8.1. The Employee during the period of the Contract is subject to social insurance and social security in accordance with the current legislation on labor and social security.

8.2. In case of permanent disability (disability) as a result of an accident at work, the employee is paid in addition to the one-time allowance established by law in the amount of salaries.

8.3. In case of disability due to illness or as a result of an accident not related to production, the Employee is paid a lump-sum allowance in the amount of salaries.

8.4. In the event of the death of the Employee during the period of the contract, his family is paid in addition to the allowance established by law in the amount of salaries.

8.5. In case of temporary disability, the employee is paid the cost of medicines and paid services medical institutions, at the rate of .

9. WELFARE SERVICE

9.1. Social services for the Employee are carried out by the management of the Company in accordance with the decision of the general meeting of the labor collective and at the expense of funds allocated for these purposes.

9.2. The employee is provided with the following services and benefits for social services that are not established by applicable law:

payment of a one-time allowance for annual leave in the amount of;
annual provision to the Employee and members of his family of vouchers to a sanatorium or rest home with payment by the employee of % of the cost of the voucher;
provision of an apartment to the Employee on the terms of .

10. MODIFICATION, EXTENSION AND TERMINATION OF THE CONTRACT

10.1. Changing the terms of the contract, its extension and termination is possible by agreement of the parties at any time.

10.2. Upon expiration of the Contract, it shall be terminated. This rule does not apply when labor Relations actually continue and neither side has demanded their termination. In this case, the Contract is extended for the same period and with the same conditions.

10.3. The contract is subject to early termination at the initiative of the Employee in the event of:

his illness or disability preventing the performance of work under the Contract;
violation by the management of the Enterprise of labor legislation or this Contract;
other good reasons;

10.4. The contract before its expiration may be terminated at the initiative of the Company for the following reasons:

changes in the organization of production and labor (liquidation of the Enterprise, reduction in the number or staff of employees, changes in working conditions, etc.);
discovered inconsistency of the Employee with the work performed in the absence of guilty actions on his part;
guilty actions of the Employee (systematic failure to perform work duties without good reason, absenteeism, appearing at work in a state of intoxication and other violations labor discipline, disclosure trade secret, violation of p.p. 12.3 of this Contract, committing theft, etc.).

10.5. Dismissal at the initiative of the Company is carried out on the basis of the relevant conclusion of the head of the structural unit of the Company, while observing the requirements of labor legislation.

11. COMPENSATION AT THE TERMINATION OF THE CONTRACT

11.1. Upon termination of the Contract on the grounds provided for in clauses 10.3 and 10.4, the Employee is paid a severance pay in the amount of the average monthly salary. Upon termination of the Contract on the grounds provided for in clause 10.4, the Employee also retains the average monthly earnings for the period of job search during the second and third months from the date of dismissal, if he registered with the employment service as a job seeker within 10 calendar days after dismissal .

11.2. Subject to the termination of the contract (for valid reasons), along with the payments provided for by the current legislation and this Contract, the Employee is also paid a one-time allowance in the amount of rubles.

12. SPECIAL CONDITIONS

12.1. The enterprise serves as the main place of work for the Employee; The employee is hired at the Enterprise on a part-time basis (strike out the unnecessary).

12.2. Labor functions that do not follow from this Contract may be carried out by the Employee within the Company only with the consent of the head of the structural unit and the director of the Company.

12.3. The Employee does not have the right to perform work under contracts with other enterprises and organizations related to this Contract, as well as to engage in any other type of activity in other enterprises and organizations if this may cause economic or other damage to the Enterprise. Failure to comply with this paragraph is sufficient grounds for the dismissal of the Employee.

12.4. The Enterprise pays the Employee within days after the conclusion of the Contract a one-time allowance in the amount of rubles. The allowance is not a form of remuneration.

12.5. The enterprise pays the Employee rubles on a monthly basis.

12.6. All materials created with the participation of the Employee and on the instructions of the Company are the property of the Company.

12.7. The Parties undertake not to disclose the terms of this Contact without mutual consent.

12.8. The terms of this Contract may be changed only by agreement of the parties.

12.9. The Parties are responsible for the fulfillment of obligations under this Contract in accordance with applicable law.

12.10. Disputes arising between the parties to the Contract shall be resolved in accordance with the procedure established by the current legislation.

12.11. In all other respects not provided for by this Contract, the parties are guided by the norms of the Labor Code of the Russian Federation and the Charter (Regulations) of the Enterprise.

13. OTHER TERMS

13.1. This Contract is made in two copies: one for each of the parties and is considered valid only if there are signatures of both parties: the Employee and the Enterprise, certified by the seal of the latter.

14. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Company Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

Employee Registration: Postal address: Passport series: Number: Issued by: By: Phone:

15. SIGNATURES OF THE PARTIES

Company _________________

Employee _________________

Under contract work for this moment predominantly means work not in accordance with employment contracts, but under civil law contracts. This method of employment and earnings has certain advantages and disadvantages, and also differs in different approaches to providing state guarantees. At the same time, the exploitation of the system of civil law contracts and the substitution of labor relations for it can be regarded as administrative offense and bring along Negative consequences.

Table of contents:

Features and differences between contract work and labor relations

It is not prohibited by law to hire contractors to perform any necessary work and provision of services through the conclusion of transactions of a civil law nature. This issue is extremely relevant in situations where it is necessary to perform a certain range of tasks on a one-time basis within a specific time frame or with the achievement of concrete result. Such an agreement allows you to avoid unnecessary costs of funds and time for the full-fledged employment of an employee, especially when there is no need for his constant presence at the workplace.

At the same time, contract work deprives the person working in this way of a number of social guarantees provided by the state. Also, the employer in this case has certain losses and costs, for example, associated with the lack of influence and control of such an employee. In addition, if the contract has signs of full-fledged employment, it can be recognized in court as a labor contract, which will entail appropriate costs, as well as those provided for in Art. 5.27 of the Code of Administrative Offenses of the Russian Federation fines.

Given the reduced tax rate and the minimum level of social responsibility to the hired employee, some employers prefer to conclude civil contracts rather than employment contracts. It should not be assumed that such a practice is unprofitable and unequivocally negative for an employee working in this way - it has a number of its advantages, but there are also disadvantages.

Benefits of contract work versus formal employment

Certain advantages in working under a contract make it an extremely profitable way of employment, both for employers and for workers. In particular, contract work is one of the main ways. Specifically, this list of benefits includes:

In general, the traditional industries in which contracts predominate or can often be used on a par with employment contracts are construction, IT services, Accounting, maritime business, consulting services, installation work etc.

Cons of contract work

The disadvantages of working under a contract, first of all, are expressed in the much lower social security of an employee. Especially when you consider that in many situations, work under the contract is organized solely for the purpose of avoiding the responsibility of the employer to the employee, without providing him with any additional compensation. In general, the disadvantages of working under a contract can be called:

In general, if there are certain agreements with the employer, the working conditions under the contract may not actually differ, or even be more profitable compared to full-time employment. But we should not forget that the signs of a regular labor relationship can serve as a basis for the re-qualification of a work contract into an employment contract by a court decision with the onset of negative consequences for both the actual employer and the contractor.

When it's time to get a job and it comes down to official registration, remember the rule "always check what documents you sign." Understand in advance how an employment contract differs from an employment contract in order to avoid embarrassment. Especially, studied the question, it remains to read and remember.

Labor contract

Having studied the Labor Code of the Republic of Belarus, you will see that the concept of “contract” is not enshrined in its norms, but is only mentioned as a kind of fixed-term employment contract. The difference is that the employment contract is concluded for an indefinite period, and the contract is for a period of 1 to 5 years. The contract also establishes additional guarantees for employees in the form of a minimum compensation for the deterioration of the legal status of the employee (for example, if the contract is terminated ahead of schedule due to the fault of the employer).

During the term of the contract, the employee cannot quit due to own will only by agreement of the parties. Therefore, the employer has the right not to give consent and keep the employee at the workplace until the end of the contract.

2 weeks before the expiration of the employment contract, the parties (employer and employee) must notify each other of their desire or unwillingness to extend the employment contract. The contract itself does not expire, i.e. if the notification does not occur, itconverted into an indefinite employment contract.

Labor contract can be terminated ahead of schedule not only at the request of the employee, but also at the initiative of the employer or due to circumstances beyond the control of the parties

To compensate for the negative consequences of the above features of the employment contract, some conditions are provided, such as, for example, an increase in the tariff rate up to 50% and an additional incentive paid vacation up to 5 days.

Labor contract

All employment contracts are divided into fixed-term and indefinite. If the employment contract does not specify the term of its validity, it is considered to be concluded for an indefinite period, i.e., indefinitely. Fixed-term employment contracts include not only a contract, they can be seasonal, concluded for the duration of a certain work (work contract) or the performance of the duties of a temporarily absent employee (for example, due to a decree), for which a place is retained. If you are a state student who graduates from a university or college, then remember that you will not be hired to work in the place of a temporarily absent person (illness, maternity leave).

Before signing papers for employment, think about whether the conditions of the employer suit you. Never rush into long-term contracts.

Do you want to know more about employment issues? Look into the Labor Code of the Republic of Belarus, there you will find all the answers.

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Labor contract- this is an agreement between the employer and the employee, according to which the employee undertakes to personally perform a certain labor function or work in a certain specialty, qualification, position subject to internal labor regulations, and the employer undertakes to pay him wages and ensure the working conditions provided for by labor legislation, the collective agreement and the agreement of the parties.

The parties to the agreement are employee and employer. AT any organization that is a legal entity can act as an employer.

Under obligatory such conditions are understood, in the absence of an agreement on which an employment contract is not considered concluded and does not give rise to an employment relationship. Additional conditions do not affect the existence of the employment contract. This classification reflects the different scope of rights and obligations assumed by the parties in its conclusion.

To the number mandatory conditions employment contract include the following.

1. Availabilitydeclaration of will on admission to work. This reflects the real, not the imaginary will of the parties. Will defects (deceit, delusion, incapacity of citizens) or lack of intention to extend the employment relationship (to change or terminate it) make the contract invalid. So, if an employee admitted to work does not immediately present a diploma of education for the reason that he does not have it at all, and the law does not allow certain work to be performed without one, the contract will be invalid.

Condition aboutplace of work. The place of work is understood as an enterprise located in a certain area, where the employee will have to apply his labor efforts (settlement) (indicating the structural unit). A subsequent change by the employer of the place of work without the consent of the employee is not allowed.

Condition aboutstart date . This is the date from which the contract enters into force and rights and obligations arise. This moment is usually set at conclusion of an agreement, but if it is absent, the term of work is calculated from the moment of actual admission to work.

Condition aboutlabor function. The nature of specific labor operations that an employee will have to perform may vary. It is important that they are all within the specialty, qualification, position or type of work performed, stipulated when applying for a job. So, if the driver is entrusted with the loading and unloading of the transported cargo, then he may object, since this type of activity does not belong to his specialty. The performance of other labor functions in addition to those stipulated in the contract may become mandatory for the employee only on the basis of an additional agreement with the employer.

Condition aboutrights and obligations both employees and administration. The rights and obligations of an employee are reflected in his job description, from which one can directly derive the rights and obligations of the other party (the employer), since the rights of one party correspond to the duties of the other party.

Condition aboutwages. When remunerating workers, both tariff rates, salaries, and a tariff-free system can be applied. The type, remuneration systems, tariff rates, bonuses, other incentive payments are determined by the enterprise independently.

Additional terms employment contract also depend on the discretion of the parties. There is only one requirement for additional conditions: they must not contradict the law and other regulatory, in particular corporate, acts. They can be very diverse both in nature and purpose. Among them are the following

1. Condition about the duration of the employment agreement. Employment contracts are concluded: a) for an indefinite period; b) for a fixed period of not more than five years.

Employment contract for an indefinite period is an ordinary employment contract, the conclusion of which allows you to apply the full set of guarantees of the legal status of the employee, provided for by the Labor Code of the Russian Federation. That is why work under this employment contract is the best option for the employee.

Fixed-term employment contract(often also called a contract) is concluded for a period of not more than five years. For some time now, many organizations have begun to practice the conclusion of this particular type of contract. However, it is important to remember that in this case it is enough to legal status the worker is deteriorating. First of all, the employee, having concluded such an agreement, as it were, vetoes the dismissal of his own free will. Such an agreement at the initiative of the employee can be terminated only in the event of his illness or disability, which prevents the performance of work under the agreement, violation by the administration of labor legislation, a collective or labor agreement, and for other valid reasons. Secondly, the continuation of relations with the employee after the expiration of the period specified in the contract depends entirely on the will of the administration. She can use her right to conclude another contract to put pressure on the employee, forcing him, for example, to vacate office premises, etc. Therefore, the legislator established that a fixed-term employment contract can be concluded only in cases where labor relations cannot be established on an indefinite period, taking into account the nature of the work to be done, or the conditions for its performance, or the interests of the employee, as well as in cases directly provided for by law. Therefore, in the event of a conflict with the administration, an employee under a fixed-term contract has a chance to defend his rights in court, referring to the illegality of the introduction by the employer of the contract system of hiring.

A type of fixed-term contract is a contract for the performance of a specific job. Its peculiarity is that it is impossible to determine the exact expiration date of the employment contract. But nevertheless, it must indicate specific events or actions, the likelihood of which the parties have no doubts and the occurrence of which terminates the employment relationship (for example, the closure of a summer health camp).

Condition about the test. This condition may be provided by the parties in order to verify the qualifications of the employee in accordance with the assigned work. It must be specified in the order and in duration cannot exceed three months and for leaders six. This period does not include the time of illness and other periods when the employee was absent from work for a good reason.

Condition about mode of operation. As a rule, the employee is subject to the general mode of operation, if such is established by the employer at the enterprise. But in relation to him, an individual work schedule, part-time work, non-attendance days, flexible working hours, divided working hours, etc. can be determined. It is important that his working week does not exceed 40 hours (for persons aged 16 up to 18 years - no more than 36 hours, for persons from 15 to 16, as well as for students aged 14 to 15 working during the holidays - no more than 24 hours).

Condition about transportation to work. Usually this condition plays a big role if the place where the work is performed is at a considerable distance, as, for example, in road construction, or when the working day starts (or ends) too early (or too late), as, for example, at transport drivers or when the work is associated with traveling and it is required to reimburse travel expenses, and in other cases. In the normal nature of the work, this condition, as a rule, is not discussed.

Condition about providing housing. We can talk about the provision of temporary or permanent housing, in the future or in the present, capital or non-permanent housing, separate or in a communal apartment, housing cooperatives on credit or with full payment, etc. This condition is so important that usually employees insist on its written registration.

Obligation condition work after training for a certain period(if the training was carried out at the expense of the employer).

The list of additional conditions can be continued. The needs, interests, capabilities of the parties may be very different, and they have the right to resolve all issues related to them independently. However, both mandatory and additional terms of the employment contract should not worsen the situation of workers in comparison with labor legislation.

An employment contract is considered concluded if the parties have agreed on all its essential (basic, mandatory) conditions. Such an agreement must be recorded in writing (in duplicate), and if for some reason this is not done, in the order for employment, which requires the signature of the employee.

The administration is obliged to require from an applicant for work, in addition to a passport, the provision work book. For the first time, applicants for work provide a certificate from the housing and communal authority on the last occupation. For part-time workers, work books are kept at the place of the main job. They include information about the employee, the work performed, as well as incentives and awards for success in work. Penalties in work book are not entered. Entries about the reasons for dismissal in the work book must be made in strict accordance with applicable law and a reference to the relevant article, paragraph of the law.

Very common in practice labor agreements. Their legal nature is heterogeneous. Under this, both an employment contract and a work contract can “hide”. Both types of contract involve the performance of certain work by the personal labor of a citizen and for remuneration, but their legal consequences are different. If the agreement is accompanied by the inclusion of an employee in the team of the enterprise to perform a certain labor function or some individual task, if he obeys the rules of the labor schedule, including following the mandatory instructions of officials regarding his work activity, then most likely there is an employment contract. It is more difficult to answer the question of what type of contract is concluded if the worker does work at home, such as a typist. If she is on the staff of the relevant employer and her work is not one-time, but systematic, we can talk about concluding an employment contract with her.

In a civil law contract, the customer is more interested in the end result of the work performed, corresponding to the terms of the contract, pays only for it and does not bear other property obligations in relation to the contractor. The latter also bears the risk of impossibility to provide the final result of the work for objective reasons, while in labor relations this risk is borne by the employer (entrepreneur). When performing work under a work contract, the performer is not included in the staff of the relevant organization, is not subject to its labor regime and organizes his work independently, and the customer is not entitled to interfere in his business activities (for example, repairing a car, apartment, adjusting, maintaining a complex household appliances and etc.).

In the field of labor application, and labor contracts. According to the meaning of labor legislation, “employment contract” and “contract” are synonymous concepts, but in practice they still differ.

A contract is a commercial agreement regarding the sale and purchase of labor and its use. He usually is concluded with an employee who has unique, special abilities to perform a certain job. The contract allows you to individualize the working conditions, taking into account the characteristics of the employee's qualifications, his business qualities, the specifics of the work. It describes all stages of work, the rights and obligations of the employee and the employer.

A contract differs from an employment contract:

the contract always has a special written form;

the contract clearly characterizes the mutual rights and obligations of the parties, social guarantees. It is not the labor function that is determined, but the subject matter of the contract for example, management of an enterprise, marketing, i.e., a system of measures for studying the market and promoting the goods of a corporation on it. Sometimes the performance characteristics of the employee's work are indicated(for example, a certain percentage of profitability, corporate profitability, etc.);

payment condition under the contract there is purely result of the agreement although when reaching an agreement on this issue, the situation on the labor market is taken into account (for example, today there are clearly not enough marketing specialists), the individual qualities of the employee (for example, a marketing specialist has sufficient work experience in large commercial firms);

stipulated in the contract condition and on the indexation of wages;

the contract is concluded for a certain period, usually not exceeding five years;

the contract may stipulate special measures of responsibility for non-fulfillment of duties (for example, dismissal if the employee fails to achieve the stipulated results, full compensation employee damage caused to the enterprise as a result of its work, regardless of the form of guilt, etc.).

The contract can be concluded both with full-time employees and with those whose labor activity in this organization is not the main place and type of work. Parallel contracts, such as audit contracts, may be entered into with several employees. One person can work under several contracts at once. Contracts may be entered into with an employee who is on the staff of the enterprise for the performance of combined work and payment for the work performed. The contract provides for the period for which it is concluded, the size and source of deductions for insurance are indicated.

1) general provisions (names of the parties, details, validity period, conditions of the probationary period);

subject of the contract (name of the work performed);

obligations of the employer (information, technical support of the employee, library day or non-attendance day, advanced training);

the procedure for acceptance and evaluation of work;

remuneration (terms of payment, advance payments, incentive payments);

mode of operation (flexible schedule, work at certain hours, days off, holidays and the procedure for their provision, payment procedure);

social guarantees (additional payments for vacation, sick leave, old age, employment obligation upon completion of work, medical, sanatorium and resort services, transport services, payment for housing, provision of housing, repayment of a loan in a housing-construction cooperative, etc.);

obligations of the parties to fulfill the terms of the contract and responsibility for their violation (disciplinary sanctions, reduction of premiums, compensation for material damage, termination of the contract);

conditions for terminating or prolonging an employment contract (termination - in case of violation of the terms of the contract, liquidation of the enterprise, expiration of the term, signing the act of acceptance of work, agreement of the parties; prolongation - if the work is not completed, suspended for independent reasons specified in the contract, in case of illness, etc.);

dispute resolution procedure.

It seems that an employment contract in the sense that is used in practice combines elements of both an employment contract and a civil contract.

In the process of hiring a person, the employer must necessarily offer the hired person to sign a paper that would contain the rights and obligations of both parties. In most cases, the future employee is invited to sign an employment contract for an indefinite period, but in some cases, a contract. Assuming that these are synonyms, many people are deeply mistaken and, as a result, fall into a legal "trap".

It is in order to avoid subsequent problems in relations with the employer and not to spoil your reputation with litigation, and it is worth considering what is the difference between these two types of documents.

Why does such a question arise?

The whole point is that the contract is a much more rigid document, than a contract. "Contract" in Latin means "deal", which emphasizes its specificity. The contract involves the assignment to the employer and the employee of the obligations established on paper, the failure to fulfill which gives full right apply to the injured party for damages.

The treaty in this sense is rather symbolic meaning and contains only general formulations of rights and obligations. The document is a confirmation that the employee is really employed in the organization, and other aspects of his work are regulated by the Labor Code of the Russian Federation.

Thus, the signed contract significantly limits the employee's actions, not allowing, for example, to quit at will, which, of course, is not to everyone's liking. That is why it is worth paying attention to whether a contract or an agreement is given to be signed when applying for a job, especially if you are not going to stay in this organization for years.

Differences between a contract and an agreement

The employment contract gives the employee the right to quit his job at any time (of course, having warned his superiors a month in advance) and does not contain information about the terms of employment, that is, it is indefinite. It is not necessary to renew the employment contract. In the same time the contract strictly fixes the terms and is usually concluded for a period of 1 to 5 years. After this time, the employee may be asked to renegotiate the contract, that is, sign a new one, or denied if the qualifications, education, or possibly age do not allow the employee to perform his job effectively and achieve the goals set by the organization.

The company is not required to inform the employee of the reasons for its refusal, nor is the employee required to explain why he no longer wants to work at this place of work, however, they are obliged to inform each other of their intentions two weeks before the expiration of the contract. In this regard, the company and the employee are equal in rights.

At the same time, if one side or the other wants to terminate cooperation ahead of schedule, this will be impossible. The contract must be worked out to the end, therefore, the company will be obliged to pay the employee his salary for the entire period fixed on paper, in any case. In the opposite situation, if the employee himself does not want to work for the company anymore, this will most likely lead to a lawsuit and a fine.

Finally, another difference is that the contract regulates not only the term for which the employee is hired, but also other important points, such as the:

conditions under which the employer can terminate the contract unilaterally. Thus firms are insured against incompetence or indiscipline of employees. Such a condition may be, for example, a low score when passing a professional certification;
amount of compensation which the person wishing to terminate the contract must pay the other party. It is also likely that the amount of compensation for non-compliance with other clauses of the contract will be prescribed;
amount of liability an employee for possible damage (damage to equipment, theft);
employee incentive measures to increased productivity, such as an increase in HRT (hourly rate) or extra days holidays.

These are not all the items included in the employment contract. Employee benefits may also be reflected (for example, the provision of budget place in kindergarten) and additional responsibilities (for example, the obligation to go on business trips). That is why it is necessary to devote enough time to studying an employment contract to pay attention to all the little things (many even take the contract form home or take it to a law office).

Superficial familiarization can lead to the fact that the employee will be in really onerous conditions. The contract is more often a standard form containing template information.

Is the contract even legal?

Such a question may also arise, given that the term does not appear in Labor Code RF since 2002. However, The law does not prohibit the conclusion of contracts, and, as you know, what is not forbidden is allowed. Without fail, the word "contract" is still used in one case. It's about about state and municipal orders, which are executed mainly in the contract form.

There are several reasons why a contract is used:

The conditions for municipal and state orders are severely limited by the provisions of the Law on Placement of Orders. The contract is inappropriate, if only because the principle of its freedom is severely limited by the legislator.
The conclusion of a state contract requires the passage of such important procedures from a legal point of view as an auction and bidding.
Funding comes from public sources, which again is indicated by the term "contract".

Thus, the concept of "contract" fully reflects the specifics of the state order.

Agreement or contract: the practice of leading countries

While in Russia both the contract and the contract are used when hiring personnel, other countries follow a different policy. The system of contracts is very highly developed in the USA, which is a consequence of the new economy. Leading experts in the field of management suggest that the contract system is the future due to the increasing mobility of the workforce.

All less people stays committed to his AlmaMater, trying to get as many varied experiences as possible. The same experts determined that optimal time work in one place - 3 years, after which the employee begins to lose efficiency and needs to be shaken up. Wall-Street firms have been using this system for a long time, swapping their financial analysts with each other.

Another attitude is in Japan, where lifetime employment is practiced. Contracts in Japan are practically not used, because when hiring, the employee is asked to sign an open-ended contract, the violation of the terms of which is condemned by society. Such a system is a tribute to centuries-old Japanese traditions.

In any case, you need to pay attention to the content of the paper that is signed when applying for a job. However, in the case of a contract, one should be more attentive to details and careful.