Employment contract under the contract of the Russian Federation. We draw up labor relations: a contract or an agreement

An employment contract with an employee is a special agreement. This document reflects the nature of the relationship between the employee and the enterprise.

Exactly labor contract with the employee formalizes the legal obligations and rights of the participants in the process.

General information

Based on the Labor Code of the Russian Federation, enterprises and employees have ample opportunity to issue different kind agreements using one or another sample of an employment contract with an employee. At the same time, various conditions may be reflected in the papers.

The most common form of employment contract with an employee

Most often, as legal practice shows, agreements are concluded with a specialist. This employee means an employee who has certain knowledge that allows him to perform one or another activity in the enterprise. It should be said that the Labor Code of the Russian Federation does not provide for any features for regulating the work of a specialist.

However, in practice, such agreements have their own characteristics. In this regard, they are allocated to a separate group along with contracts signed with managers, employees, top managers. This category is allocated to a separate group in the qualification (single) directory of positions.

Classification is made in accordance with the nature of the work performed predominantly. They are the content of the work of the employee. So, for example, organizational administrative functions are typical for the position of a manager. Specialists perform analytical and constructive activities. The duties of employees include information and technical tasks.

Design features

The labor functions of workers determine the features of the agreements concluded with them. The position for which the employee is accepted has qualifications (categories). Their indication in the agreement is mandatory. A particular model of an employment contract with an employee includes sections or appendices that indicate what skills and knowledge the future employee should have.

Basic information

The conclusion of an employment contract with an employee involves the indication of certain information about the future employee and details of the enterprise. In particular, the surnames, first names, patronymics and addresses of the employer and the employee are entered. You must also indicate the date of admission of the employee. If a fixed-term employment contract is concluded with an employee, then the period for which the specialist is hired is indicated.

Probation

The maximum period for an employee can be three months (if he was not selected as a result of the competition). An exception is considered to be persons who graduated from institutions of higher, primary and secondary vocational education, received state accreditation and enter the service in their specialty for the first time within a year from the date of completion of training.

At the same time, for a number of categories, for example, chief accountants or their deputies, probation in six months. The legislation also defines some groups of citizens who are hired on special conditions. In particular, pregnant women, minors and some other categories of workers do not go through a probationary period.

Wage

Any sample employment contract with an employee provides for a section that indicates the amount of payment for his activities at the enterprise. The salary, as a rule, is the official salary. It is a monthly deduction, the amount of which depends on the qualifications, business qualities and the position to which the employee is assigned. The official salary is used at enterprises to pay employees, specialists, managers.

It is also used as the basis for the calculation of bonuses, allowances and surcharges. The contract may contain information about additional payments. Their size is determined by agreement of the parties. When drawing up an employment contract with an employee, the employer indicates a certain amount of the official salary. If the manager intends to pay a small amount at first and then increase it over time, then this fact should be contained in the agreement. In the absence of such information, the employer is not responsible for the failure to fulfill these promises.

Mode of activity and rest

The work schedule of an employee is determined by the expediency for the enterprise. The mode of activity may have an irregular character. Explanations on this matter are contained in Art. 101 of the Labor Code of the Russian Federation. In accordance with the provisions, workers on an irregular schedule may be periodically involved by the employer in the performance of their official duties outside of normal working hours. The law says that the list of employees carrying out their activities in this mode should be established by a collective agreement, contract or rules internal regulations at the enterprise. Six- and five-day weeks or a shift schedule are also common.

Compensation and guarantees

Quite often, an enterprise makes an obligation to fulfill its requirements in an employment contract with an employee. These include, in particular, medical service, provided for free, or a convenient schedule. At the same time, the employee assumes certain obligations in which the enterprise is interested.

For example: do not quit for a certain period, act as a mentor in relation to a specified number of young professionals, and so on. The terms of the agreement impose certain and in some cases quite severe restrictions on both the employer and the employee. Along with this, the provisions prescribed in the contract contribute to the retention of valuable personnel, the maximum use of the experience of employees and their knowledge in the training of new specialists.

Filling out the agreement

An employment contract with an employee is drawn up in two copies. One of them is kept by the employer, the other is given to the employee. Any oral agreement on the performance of any activity is not legally binding. The form of an employment contract with an employee contains the following appendices:

  • Schedule.
  • Job instruction.
  • List of prices for work.
  • Agreement on non-disclosure of confidential information.

Related documents are also being prepared. This, in particular, may be an additional employment contract with an employee. Such an agreement, for example, is necessary in the event of a reduction in the salary of an employee. Registration of the employment contract itself and additions to it is carried out in the appropriate register.

The agreement drawn up shall enter into force immediately from the moment of registration or, if indicated, on the day when the employee must begin to perform duties. If the employee did not appear at the workplace within seven days without a good reason, the employer has the right to terminate the contract unilaterally.

Special category of employees

Of course, the company is not interested in unskilled personnel. But situations often arise when, in order to save money on positions that do not require special professional skills, various companies - small, large - accept underage workers.

By law, an agreement can be concluded with a person who has reached the age of 16. However, in some cases, an employment contract with a minor worker may be drawn up at an earlier age. An apprentice can be hired by an enterprise if he has left educational institution until they receive their general education. Moreover, his age can be 15 years.

With the consent of one of the parents or the guardian and the guardianship authority, an employment contract may be concluded with a fourteen-year-old student. The agreement involves the performance of light activities that do not disrupt the learning process and do not cause harm to health.

In theaters, organizations associated with cinema and concerts, in the circus, it is allowed to hire employees under the age of 14. For the implementation of activities, the consent of the parents or guardians and the guardianship authority is required. Work must not be detrimental to the health of minors and hinder their moral development.

Features of activity regulation

Regulates the procedure for hiring and concluding an employment contract Art. 265-272 of the Labor Code, as well as a collective agreement. In these articles, the legislation establishes the regimes of rest and activities of employees under the age of 18, the conditions for its implementation, official salary, and so on. Any sample employment contract with an employee must comply with all applicable laws.

Termination of the Agreement

Termination of an employment contract with an employee under the age of 18 is carried out in accordance with one of the grounds specified in Art. 77 TK. In addition, the agreement may be terminated due to violations in the recruitment of an employee. For example, an employee under the age of 18 was hired to perform hard, dangerous or hazardous work in a liquor store in night club And so on.

Otherwise, the agreement may contain other reasons. Termination of the contract unilaterally at the initiative of the employer (except in the case of termination commercial activities or liquidation of an enterprise), except for compliance with the general current procedure, is allowed only with the consent of the state inspectorate and the commission on juvenile affairs.

Additional Information

An employment contract with an individual entrepreneur is drawn up similarly to what is drawn up with an organization. The agreement must also be in duplicate and signed by both parties. An employee can start work before an employment contract is concluded. In this case, the agreement must be drawn up within 3 days. An employment contract with an LLC employee, as well as with individual entrepreneur, may contain applications.

Required package of documents

Article 65 of the Labor Code of the Russian Federation establishes required list papers. The list includes:

  • Passport or other document that proves your identity.
  • Employment history. An exception is cases when an employment contract is drawn up for a part-time employee or an employee begins his professional activity for the first time.
  • Insurance certificate.
  • For those liable for military service - accounting documents.
  • Certificate of education, qualifications, special knowledge (in the case when the activity requires special training).

If a citizen is applying for a job for the first time, then employment history and PFR insurance are issued by the employer. The employee must be familiar with the internal regulations at the enterprise, safety regulations and other local regulations.

Duration of the agreement

In accordance with the law, an employment contract can be drawn up on certain period or be indefinite. This provision is governed by art. 58 TK. An employment contract with an employee (temporary) is drawn up for a period of up to 5 years. The agreement may or may not specify a period of validity. In this case, the contract is said to be indefinite. For a certain period, an agreement is drawn up in a number of cases. These include, in particular:

  • Replacement of an absent employee. In this case, it is made temporary contract. A place is reserved for an absent employee.
  • Performance of seasonal activities (up to 2 months).
  • Internship or vocational training for an employee.
  • Employment with an entrepreneur or small business.
  • Compatibility.
  • Employment of pensioners by age or persons with disabilities due to health reasons.

The agreement terminates upon the expiration of the period specified in it. Three days before the end of the period, the employer is obliged to warn the employee about the end of the activity. The notification is made in writing. If at the end of the specified period the parties did not declare termination, the agreement is considered to be drawn up for an indefinite period.

Download a standard form of an employment contract between an employee and an individual employer

Download a fixed-term employment contract with an employee

Download the form of the collective agreement

Download an employment contract with an employee

An employment contract with an employee is concluded in writing in two copies: one remains with the employer, the second is given to the employee. The copy of the employer must bear the signature of the employee who received the contract.
The law does not establish the mandatory assignment of numbers to employment contracts, but their numbering can be introduced by the decision of the employer to facilitate accounting. Putting a seal in an employment contract is also not required by law.
You can download a sample contract from the link:.

Without fail, the employment contract must contain the information provided for by law. If they are not in the contract, then it is considered invalid. The employer can add to the contract and additional terms, however, these additions should not worsen the position of the employee.

Mandatory terms of an employment contract

Full name of the employee;
the name of the employer-organization or full name of the individual entrepreneur;
data on the person who signed the employment contract on the part of the employer (his representative);
passport data of the employee and employer-individual entrepreneur;
TIN (if any);
place and date of conclusion of the contract;
place of work (if the employee is admitted to a branch, it is necessary to indicate the subdivision and address of the branch location);
position in accordance with the staff list (if the position is not included in the staff list, then its indication in the contract is unacceptable);
date of commencement of work;
date of completion of work if the contract is urgent (the absence of an expiration date in the contract means its indefinite duration); terms of remuneration (salary, additional payments, allowances, bonuses, other incentive payments);
working hours and rest;
guarantees and compensations when working with harmful and hazardous conditions labor (if the employee is hired for such work);
working conditions in the workplace;
compulsory social insurance.

EMPLOYMENT CONTRACT No.

______________ Sample "_____" ____________ 2019

___________________________Vesna LLC ___________________________________ in person d principal _______________________Full name ____________________, acting on the basis ____________________ of the charter of Vesna LLC ___________________, hereinafter referred to as
« Employer”, on the one hand, and gr.________________________________________________,
passport: series ________, No. ________, issued by ____________________________, residing at: ________________________________________________, 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. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The Employee is accepted to the Employer to perform work in the position of ____________________________ in ____________________________.

1.2. The employee is obliged to start work on "___" _____________ 201__.

1.3. This employment contract comes into force from the moment it is signed by both parties and is concluded for an indefinite period.

1.4. The work under this contract is the main one for the Employee.

1.5. The place of work of the Employee is ________________________ at the address: ________________________________________________.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee reports directly to the General Director.

2.2. The employee is obliged:

2.2.1. Perform the following job responsibilities: ________________________________________________.

2.2.2. Comply with the Internal Labor Regulations established by the Employer, production and financial discipline, conscientiously treat the performance of their official duties specified in clause 2.2.1. of this employment contract.

2.2.3. Protect the property of the Employer, maintain confidentiality, not disclose information and information that is a trade secret of the Employer.

2.2.4. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without the permission of his management.

2.2.5. Comply with the requirements of labor protection, safety and industrial sanitation.

2.2.6. Contribute to the creation of a favorable business and moral climate at work.

2.3. The employer undertakes:

2.3.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (works) not stipulated by this employment contract, only in cases provided for by the labor legislation of the Russian Federation.

2.3.2. Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.

2.3.3. Pay for the work of the Employee in the amount established in clause 3.1. of this employment contract.

2.3.4. Pay bonuses, remuneration in the manner and on the conditions established by the Employer, provide material assistance, taking into account the assessment of the personal labor participation of the Employee in the work of the Employer in the manner established by the Regulations on remuneration and other local acts of the Employer.

2.3.5. Carry out compulsory social insurance of the Employee in accordance with the current legislation of the Russian Federation.

2.3.6. To pay, in case of production necessity, in order to improve the qualifications of the Employee, his training.

2.3.7. Familiarize the Employee with the requirements of labor protection and the Internal Labor Regulations.

2.4. The employee has the following rights:

The right to provide him with the work specified in clause 1.1. this employment contract;

The right to timely and full size payment wages;

The right to rest in accordance with the terms of this employment contract and the requirements of the law;

Other rights granted to employees by the Labor Code of the Russian Federation.

2.5. The employer has the right:

Encourage the Employee in the manner and amount provided for by this employment contract, the collective agreement, as well as the terms of the legislation of the Russian Federation;

Involve the Employee in disciplinary and liability in cases stipulated by the legislation of the Russian Federation;

Exercise other rights granted to him by the Labor Code of the Russian Federation.

3. CONDITIONS OF PAYMENT OF THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is set an official salary in the amount of ________ rubles per month.

3.2. When performing work of various qualifications, combining professions, working outside the normal working hours, at night, weekends and non-working holidays etc. The corresponding additional payments are made to the employee:

3.2.1. Weekend work and non-working holidays are paid double.

3.2.2. An employee who performs for the same employer, along with his main job, stipulated by an employment contract, extra work in another profession (position) or acting as a temporarily absent employee without release from his main job, an additional payment is made for combining professions (positions) or performing the duties of a temporarily absent employee in the amount determined by additional agreement to this agreement.

3.2.3. Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. At the request of the Employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

3.3. Downtime due to the fault of the employer, if the Employee warned the employer in writing about the beginning of downtime, is paid in the amount of at least two thirds of the average salary of the Employee. Downtime due to reasons beyond the control of the employer and the Employee, if the Employee warned the employer in writing about the start of downtime, is paid in the amount of at least two thirds tariff rate(salary). Downtime due to the fault of the Employee is not paid.

3.4. The conditions and amounts of payment by the Company to the Employee of incentives are established in the collective labor agreement.

3.5. The Employer pays wages to the Employee in accordance with the "Regulations on wages" in the following order: ________________________________________________.

3.6. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.

4. MODE OF WORKING TIME AND REST TIME

4.1. The employee is set a five-day working week with a duration of 40 (forty) hours. Days off are Saturday and Sunday.

4.2. During the working day, the Employee is given a break for rest and meals from ________ hours to ________ hours, which work time does not turn on.

4.3. Labor of the Employee according to the position specified in clause 1.1. contract is carried out under normal conditions.

4.4. An employee is granted annual leave of 28 calendar days. Leave for the first year of work is granted after six months of continuous work in the Company. In the cases stipulated labor law, at the request of the Employee, leave may be granted before the expiration of six months of continuous work in the Company. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established in this Company.

4.5. For family reasons and other valid reasons, the Employee, upon his application, may be granted a short-term leave without pay.

5. SOCIAL INSURANCE OF THE EMPLOYEE

5.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.

6. WARRANTY AND REFUND

6.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

7. RESPONSIBILITIES OF THE PARTIES

7.1. In the event of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation of labor legislation, the Employer's internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.

7.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.

7.3. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused misconduct and (or) inaction of the Employer.

8. TERMINATION

8.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.

8.2. The day of termination of the employment contract in all cases is the last day of work of the Employee. Except for cases when the Employee did not actually work, but the place of work (position) was retained for him.

9. FINAL PROVISIONS

9.1. The terms of this employment contract are confidential and not subject to disclosure.

9.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

9.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.

9.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor Relations.

9.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.

After signing the agreement, the parties have mutual rights and obligations, which they must strictly observe. According to him, the citizen undertakes to work and obey the working order in force in the organization, and the employer undertakes to provide the citizen with the work stipulated by the document and pay wages on time.

Before concluding an employment contract, the employer is obliged to familiarize the future employee with the local regulations of the organization, job description, hours of work, and wages. After that, the completed forms of contracts are signed, an order is issued to hire a person and an appropriate entry is made in his work book.

Sample employment contract with an employee (2019)

Employment contract, form

The meaning of the employment contract

According to Art. 37 of the Constitution of the Russian Federation, each citizen can independently choose his occupation and specialty. Work must be carried out in conditions that do not contradict the requirements of safety and hygiene. And the remuneration must be paid by the employer on time and in in full twice a month.

The contract, completed and signed by the parties, is a fundamental legal fact that determines the emergence, change and termination of service relations between the employer and the employee. It establishes the legal relationship between the worker and the employer and is a set of legal regulations, which regulate the official relations between the parties who signed the document. A sample employment contract with an employee in 2019 can be downloaded in our article.

It is necessary to distinguish an employment contract from contracts of a civil law nature (contract, copyright, performance of a certain type of work). Despite their similarities, they differ in the following ways:

  • the subject of the employment contract is the work of the employee. The subject of civil law contracts is already the end result (book, painting, project);
  • an employment contract involves the personal performance of work, it cannot be redirected to another contractor. In civil law, this obligation must be fixed in the text of the document itself;
  • under an employment contract, the employee must obey the internal regulations in the organization. There is no such obligation in civil law;
  • under an employment contract, the employer must create normal and safe working conditions. Under civil law, the employee independently organizes his workplace.

Types of employment contracts

Most often, an employment contract with employees (a completed sample can be viewed in our material) is concluded for an indefinite period of time, that is, it does not specify the duration of the document. But in some cases, it may set time limits depending on the nature of the work or the conditions in which it will be performed. Such cases are considered in Part 1 of Article 59 of the Labor Code of the Russian Federation.

By validity period:

  • imprisoned for an indefinite period;
  • concluded for a fixed period (no more than 5 years).

It should be noted that a fixed-term employment contract may become indefinite. If, after the expiration of the time specified in it, the employee continues to work, the document loses its urgency and is considered concluded for an indefinite period. In this case, a new, unlimited, contract can not be drawn up.

At the same time, an open-ended contract can become fixed-term, but this must be justified by clauses Art. 59 Labor Code of the Russian Federation. To switch, you need to terminate the previous one and conclude a new contract for a certain period.

By the nature of the working relationship:

  • according to the main place of employment;
  • at work part-time (part-time work is impossible without the conclusion of an employment contract, this is the main condition for this type of employment);
  • temporary job(if the nature of the work requires its completion in less than 2 months. It can also be when replacing an employee who is on sick leave);
  • short term contract;
  • with seasonal workers;
  • with employees working from home;
  • about the state (municipal) service.

It must be borne in mind that labor law and other legal acts relating to labor relations do not apply to certain categories of citizens, provided that they are not employers or their representatives:

  • military personnel in the performance of their military duties;
  • persons working on the basis of civil law contracts;
  • other persons established federal law (Art. 11 Labor Code of the Russian Federation).

By type of employer:

  • agreements concluded with organizations - legal entities and individual entrepreneurs;
  • contract with an individual. In this case, the employer is an individual without registration of IP. Most often, such employers conclude a contract with service personnel.

Sample employment contract (2019)

Depending on the legal status employee:

  • signed with minor citizens;
  • prisoners with persons who perform family duties;
  • issued with foreigners;
  • signed with stateless persons.

According to the nature of working conditions, the division is as follows:

  • under normal working conditions;
  • taking into account employment at night;
  • prisoners with citizens working in the regions of the Far North and in the territories equated to them;
  • in hazardous work conditions.

Types of employment contract depending on the amount of work performed:

  • about the main work;
  • about part-time work.

In the first case, the employee works full-time for the employer all day. This is where he keeps his workbook.

In the second, a person works in his spare time from his main job. Such work cannot last more than four hours a day. The document signed with the employee indicates that the work performed is precisely part-time work. Such a document can be concluded both at the main place of employment, and with another employer. At the same time, it is possible to conclude contracts for part-time work with an unlimited number of employers, with the exception of exceptions established by the legislation of the Russian Federation.

It is not allowed to conclude part-time contracts with persons under 18 years of age, as well as with those whose main work is classified as difficult or performed in hazardous working conditions, if part-time employment implies the same characteristics.

Of particular note are the contracts concluded with senior employees. When compiling them, there are some features, in comparison with other categories of workers, which need to be paid special attention.

Form of employment contract

Let's answer the question: in what form is the contract concluded? For this, it is used, approved by Decree of the Government of the Russian Federation No. 858 of 08/27/2016.

The employment contract of 2019 (a sample can be downloaded in our article) is drawn up in writing in two copies. Each copy is signed by the director and employee. One is transferred to the employee, the second is kept by the employer. As a sign of receipt of a copy, the employee must put a personal signature on a document kept by the employer.

If the employee started work with the knowledge of the employer, the contract is considered concluded, even if it was not executed in writing. Despite this, the document should be drawn up and signed within three days. The form of an employment contract with an employee (2019) can be downloaded for free in our material.

Also, for some professions, an employment contract form can be downloaded at the end of the article.

Parties to the employment contract

The parties are the employee and the employer.

The employee is individual who is 16 years old. The law does not prohibit the signing of a contract with 14-year-olds. But some conditions must be met:

  • work should be easy;
  • do not violate educational process;
  • the presence of the consent of the official representative, most often they are the parents of a teenager.

If a young child is needed, for example, for a role in a movie or theater, then in addition to the previous conditions, there must be the consent of the guardianship authorities. As well as proof that the work will not cause physical or psychological and moral harm to the child.

The employer is a legal or natural person who is not prohibited from entering into employment contracts.

Employment contract with a forwarding driver

A contract is a special form of regulation of labor relations, which has been transformed into an individual agreement between an employee and an employer, where the agreement of the parties is dominant, but within the framework of the current legislation.

A contract as an agreement is a written agreement between the two parties on working conditions and the amount of remuneration, but not lower than the minimum stipulated by law, on measures social protection, liability, etc.
Each of the parties to labor relations at the stage of establishing contractual conditions has equal rights, regardless of the types of ownership and organizational and legal forms of the enterprise.


History of contract transformation

It is not necessary to identify work under a contract with work under an employment contract. Since 2002 in Russia these are different documents and different legal relations.
The term "contract" appeared in the Labor Code of the Russian Federation in 1990 and was considered as a synonym for an employment contract.
But from February 1, 2002, significant changes and additions were made to Labor Code, as a result of which the word "contract" was excluded from the Chapter on the Employment Contract.
Accordingly, now contract work has been transformed from labor into civil law relations, and the contract is concluded with certain categories of workers.


Features of work under the contract

1) Work under a contract deprives employees of the guarantees provided for by labor legislation. Employees with whom they have concluded a work contract can only count on a fixed payment for their work and on compliance with the working conditions that are included in the contract (for example, a social package, additional material motivation). But during the period while the employee worked under the contract:
  • not included in the total work experience,
  • not making an entry in the work book,
  • there are no contributions to social funds, which means that the employer does not provide any guarantees and does not owe anything to the employee in such cases as: sick leave, paid leave, maternity leave, liquidation of the enterprise, dismissal, etc.
  • formally, the employee is not even considered a full member of the team and does not always obey the internal labor regulations or the organization's work regime, respectively, does not bear disciplinary responsibility in case of improper performance of his duties.

2) There is a certain list of professions, labor relations with which are regulated exclusively by the contract. This category includes:

  • Heads of federal state enterprises.
  • Troupes of artists of circuses, theaters, artistic groups.
  • Soldiers, athletes.
  • It is also common practice to conclude contracts with non-resident employees.

3) The contract, as a type of related civil law contract related to labor relations, may take the following forms:
- Work agreement.
- Contract of assignment.
- Contract paid provision services.
- Other forms of contracts, the subject of which is: the performance by the employee of a certain labor function in the overall labor process of the organization, payment for the final result of labor, fulfillment of the obligations assumed in any way.

In general, contract work is appropriate in the following cases:

1) To hire a part-time employee.
2) To perform one-time work.
3) To be able to use "flexible" employment, when paid working time alternates with time off at your own expense.
4) In any other cases when an employment contract cannot be concluded based on the specifics of the work.

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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; For undefined 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 internal labor regulations of the Company, the 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 working hours for productive work, refrain from actions that prevent other employees from fulfilling their labor 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 the workplace of the Employee with the following equipment;
  • 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;
  • ensure the terms of remuneration, 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 allowances, 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 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 given 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 to cases where the employment relationship actually continues and neither party has requested its 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 paragraphs 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.

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