When does an employee contract come into force?

When applying for a new job, specialists go through a rather difficult path: testing knowledge, interviews, waiting for the results of checks by the security service and so on. After all these stages have been completed and a positive decision has been received in favor of a particular applicant, you can prepare for employment. This process includes the submission of documents to the personnel department and admission to the state on the basis of a labor agreement signed by both parties.

Information about when an employment contract comes into force, and its validity period - all this is contained in many regulatory documents. This term refers to the date on which a new employee takes up his duties.

Entry into force of an employment agreement, how to understand this?

There are two consonant terms, but with different meanings:

1. The entry into force of the labor agreement is the day when this document begins to be used, operational and has legal consequences for both parties. The terminology of the phrase “entry into force of an employment agreement” in interpretation basically coincides with the concept of “conclusion of an employment agreement”.
2. The second term sounds like “an entered into force agreement” - this is an agreement concluded in accordance with all the rules, or in the case stipulated by part 2 of article 67 of the Labor Code of the Russian Federation, an employment agreement that “appears to be concluded”. The signed contract for the implementation of labor activity is the basis for applying for a job in accordance with article 68 of the Labor Code.
   

General information

An employment contract takes effect at the moment when the employee proceeds directly to fulfill his obligations. The relationship between the employer and the employee should be regulated by an appropriate document, so the parties are required to conclude an agreement. Based on this document, the employer agrees to provide the employee with a workplace and payment for the performance of labor obligations. The subordinate, in turn, guarantees its implementation, as well as compliance with all disciplinary rules provided for in the company.

Since the labor agreement is an official document, it must certainly spell out the validity period. The entry into force of the labor agreement is the moment when the employee is obliged to begin to perform labor duties, while the date of the document may not be indicated, but this does not affect the validity of the document.

Execution of an agreement

You do not know when the labor contract with the VKS (highly qualified employee) comes into force? First of all, the employer holds a meeting with the applicant, as a result of which he is drawn up for a vacant position. In approximately this way almost any job placement is carried out. Registration for work begins with the formation and signing of an employment agreement, in each company a special form has been developed for this. It is important to understand that before putting your signature in the contract, the future employee should carefully read the conditions. To create a document, the applicant will need to provide the following documentation package:

1. Personal passport.
2. The work book (if it is absent, the employer is required to have a new document).
3. Pension certificate.
4. Military ID (men only).

The listed documents are the main ones; without these data, it will not be possible to draw up a contract. In addition to them, the future employer has the right to require additional documents:

1. Diploma of education.
2. Certificate indicating the absence of a criminal record.
3. Certificate of medical examination.
4. INN
5. Work permit / patent.

After all the documents have been studied and an employment contract has been drawn up, the head signs the Order on hiring a new employee. This document is issued for each employee individually in accordance with the approved form T-1. The document must be provided to the employee for review within a few days from the date of publication.

Important! If the employee has started to perform official duties, and the agreement has not been signed, the employer does not have the right not to execute it at all. If the organization is not going to do this, then the employee has the right to defend his own interests in court.

Effective Period

So, when does an employee contract come into force? Knowing the terms of entry into force of the agreement will help the applicant to protect themselves from unscrupulous employers. In accordance with article 68 of the Labor Code, only a document signed by two parties has legal force and confirms the fact of employment.

The legislation provides for the following dates:

1. An employment contract shall enter into force upon signature. This is a single prescription for all, but exceptions are possible, spelled out in individual acts and laws. They are used in individual cases, which we will consider below.
2. An employment contract shall enter into force on the day of actual going to work. By order of an authorized person or site manager, a new employee is allowed to enter the work even with an incorrectly executed agreement. In this situation, according to Art. 67 of the Labor Code of the Russian Federation, the tenant is given three calendar days to draw up the correct document.
3. Not sure when an employment contract comes into force? On the appointed day indicated in the text of the document. The parties to the contract have the right to agree on the day of entry to work, which will differ from the date of signing. In this situation, a specific day is scheduled for the beginning of the fulfillment of labor obligations, with fixing the date, month and year. Such an innovation was introduced not so long ago, but provides an opportunity for the parties to cooperate on more flexible terms. In practice, such a need arises in two cases - for short / periodic work (if the employer intends to cooperate with the employee and draws up a series of contracts), for work in the future, so that the applicant has the confidence that when the vacant rate is vacated in the staff list, for example , the employee will go on maternity leave, he will be invited.
4. This employment contract shall enter into force on the next day, unless a specific date for entering the service is indicated. The terms of entry into force of the document may vary depending on the agreement.

Remember: the main condition is a legally correctly drawn up contract signed by both parties.

Consequences of the entry into force of the contract

When an employment contract with an employee in Russia comes into force, certain rights and obligations arise between the participants. In other words, the agreement gains legal force, which means that liability arises for failure to fulfill its conditions. The employee has the following rights:

1. Providing an equipped workplace.
2. The issuance of a certain amount of work.
3. Obtaining the salary specified in the agreement.
4. The right to leave according to schedule.

In addition to rights, an employee also has responsibilities:

1. Performance of duties in accordance with the instructions.
2. Compliance with the disciplinary rules of the organization.

Rights and obligations of the employer

After the labor contract with the employee comes into force, the employer has the following rights:

1. Conclusion and termination of employment contracts.
2. Creating collective bargaining agreements.
3. Promotion of workers.
4. The requirement of employees to fulfill their job responsibilities.

As for duties, the tenant has these:

1. Compliance with labor law.
2. Providing employees with the opportunity to perform their duties.
3. Timely payroll.
4. Providing and guaranteeing labor safety.

Beginning of legal relationship

For participants in an employment contract, the entry into force of a document indicates the occurrence of a legal relationship. How is this manifested?

1. Relations between the parties that arose on the basis of an employment agreement can only be interrupted according to the procedure that was provided for in advance.
2. Registration of relations between participants is carried out in an approved manner. The employee studies the local regulatory documentation, signs the Order on hiring and a personal card in the form of T-2. The authorized person shall make an appropriate entry in the existing work book or draw up a new one if necessary.
3. The position of the employee with whom the contract was signed ceases to be vacant, and changes are made to the staffing.
4. After the employment contract comes into force, the employer can send the employee to an internship or continuing education courses.
5. On the day of the agreement, the accumulation of seniority begins, which goes into the calculation of the next vacation from this employer.
6. When an insured event occurs, the employee can count on the payment of benefits, and the employer, for his part, begins to make transfers to the Pension Fund.
7. If the days of entry into force of the agreement and the actual appearance at work differ, then legal relations are initiated only when the employee actually began to perform his direct duties.

It should be noted that after the conclusion of a written contract, legal obligations appear not only among participants, but also with third parties. The created working conditions at the enterprise should be comfortable for the implementation of quality work.

Beginning of work

Understanding when an employment contract comes into force is very important for an employee. Article 61 of the Labor Code approved the following time frame - the agreement gains effect on the day of its conclusion, if the date of commencement of activity has not been set in advance. Most often, this day is considered the date when the manager allows the new employee to carry out his duties.

This is a general rule for all organizations, however, in practice there are exceptions. The day of signing the contract and its entry into force may be different for the following reasons:

1. According to relevant legislative acts. This situation, for example, is often found in the field of public administration, because the document must be approved by higher authorities.
2. In connection with the conditions prescribed in the contract. For example, if a vacant seat is vacated by a specific date.

In addition, the established date when the labor contract comes into force may also depend on certain circumstances, for example, an employee can take a vacant post only after a colleague leaves for a well-deserved rest. The exact date of this event may not be known, but when this happens, the employee will occupy the corresponding position.

Important! If the release date is not indicated in the document, then the employee must begin to perform labor duties on the day following the signing.

Exceptional Cases

So, on the basis of the information stated above, it turns out that if the document is not spelled out when the labor contract comes into force, then it gains legal force from the moment the fulfillment of official duties begins. The same rule applies when an agreement has not been made in writing, but the employee has already begun work.In practice, such situations are quite common, subordinates begin to work in the hope of speedy execution, but in this case it is imperative to remember some rules:

1. Only an authorized person is entitled to involve an employee in the performance of real activities.
2. A labor agreement in writing must be executed no later than three days from the date the employee goes to work.

The authority of an official must certainly be confirmed. In other words, a local act must be drawn up in the company with the signature of the head / owner, which states that this or that employee is endowed with the appropriate authority.

The fact is that if a new employee was admitted by verbal agreement to perform duties, for example, as an assistant manager, without the appropriate rights, then the employee will not be able to prove the fact of employment, and accordingly will not receive a salary for the days worked.

Termination of employment

In the process of concluding the contract, the parties stipulate the terms for the employee to go to work. If he did not begin to fulfill his duties on the first day, that is, when the labor contract comes into force, the head has the right to cancel the agreement unilaterally, and he does not need to establish the reasons. But are there specific terms within which you can legally terminate a contract that has entered into force?

So, as mentioned above, the agreement can be terminated if the employee did not start work on the first day. A canceled contract is considered to be non-concluded. But the termination of the contract does not deprive the employee of the right in the event of an insured event in the period from the date of conclusion to cancellation to receive insurance coverage.

Termination of an employment agreement means that it is recognized as non-existent and does not bear legal consequences for the parties.

The concept of "not started to perform duties" includes not only situations where the employee did not go to work, but also those in which for some reason he did not begin to perform them. It should be understood that in this case, the cancellation of the labor agreement is the right, but not the obligation of the employer, who, given certain circumstances of the case, may not have to rescind the contract.

Non-fulfillment by an employee of his direct duties on the day when a written labor contract comes into force can be fixed by drawing up the relevant act, on the basis of which an order is issued by the head to terminate the document. This order cancels the effect of the previously issued order on the hiring of a new employee. In a word, the cancellation of the labor agreement means that the document was not concluded.