There is not a single adult adult capable person who would not at least once come to work. There are also those who recruited their fellow citizens as the director of the enterprise or individual entrepreneur. We are all participants in labor relations, but do we all know how to arrange them correctly?
An employment contract is a special type of contract. Why?
Precisely because labor relations are of a special nature, many particularly cautious employers do not seek to formalize an employee. What sanctions may follow is the topic of a separate article, we only note that there is a thorough and strict regulation for the labor registration of an employee.
The peculiarity of the employment contract is that a number of guarantees, compensations and measures to protect labor rights are provided for the employee. We can say that an employment contract in the presence of discrepancies and disagreements, as a rule, is interpreted in favor of the employee, and the employer bears the main burden on it.
Without going into the jungle of working days, we only note that one of the most important stages of employment for both the employee and the employer is the procedure for hiring.
How to apply for a job
An employment contract is not always a separate document signed by the parties. It so happened that the labor agreement consists of several separate documents, which are collectively referred to as the contract. If any conditions are not fixed in writing, then the norms of the law governing the "missing" paragraphs come into force.
In some cases, the law expressly requires the conclusion of a separate written contract, for example, when hiring a director of a state enterprise. Such an agreement directly stipulates all the rights and obligations of the employer and employee, liability, guarantees and term.
Regardless of the method of execution of the employment contract, there is a binding document for all - an order for employment. A sample of such a document can be obtained in various reference manuals and on Internet resources, but how to be sure that the form of an order for hiring presented in them is correct?
For experienced HR personnel and accountants, drafting such a document is not a problem. For those who are faced with such a need for the first time, we offer a proven cliche.
Employment Order: Sample
KP "Zhmykhvodokanal"
Order No. 3
from 05/12/15
in personnel
about employment
To accept Murkina Maria Vasilievna as the operator of the boiler house of the mechanical wastewater treatment shop from 05/12/15 with a salary of 4000 rubles.
To the head of the labor protection department Ves I.V. give the employee primary training on labor protection on the day of employment.
The head of the mechanical cleaning workshop V. Yakovlev on the day of hiring, to determine the workplace for the employee, to notify on receipt of the presence of harmful and hazardous working conditions and to familiarize with the schedule of going to work under the signature.
The foreman of the boiler room Eremenko O.O. instruct the employee on the rules for using the equipment.
Ground of decision: application of Murkina M.V. from 05/05/15
Director of KP "Zhmykhvodokanal"
Kum M.A.
The stated form of the order of employment is applied in an agreement with an indefinite duration, that is, the employee is accepted from a certain date and before the onset of the grounds stipulated by labor legislation, terminating the contract, for example, dismissal of his own free will or reduction of staff and number of employees.
The order of employment under a fixed-term employment contract
An employee can be admitted for a certain period, for example, for the period of parental leave for the child of the main employee. In this case, an order for employment is also issued, the sample of which differs only in the first paragraph:
To accept Maria Vasilyevna Murkina as the operator of the boiler house for the mechanical wastewater treatment from 05/12/15 until the actual employment of A. Levina, who is on leave to care for a child under 3 years old, with a salary of 4000 rubles.
Thus, the validity of the employment relationship is limited by the date of the actual entry into the work of the main employee.
We issue the order competently
An order for employment, the sample of which is given above, is drawn up on the letterhead of the enterprise and signed by the head. In order to ensure competent employment, the execution of an order must be coordinated with various services of the enterprise: legal, labor protection, human resources. Such coordination looks like visas for the heads of these units located below the signature of the head.
If the employer is an individual entrepreneur, then you need to coordinate the order with the staff accountant and personnel officer. The recruitment order, a sample of which is presented here, includes almost all the mandatory requirements of the law for the employer: to ensure safe working conditions, to allocate a workplace, and to conduct labor protection training.
One of the important nuances is pay. Please note: court practice concluded that the salary order should indicate the actual salary, and not a reference to the staffing table.
And, finally, the issued order must be presented to the employee no later than 3 days from the date of receipt for review. It is best if on the reverse side the employee writes in his own hand: “I have read and agree with order No. 3 dated 05/12/15”, put his signature, last name, initials and date of familiarization.
That's all, an employment order will be considered difficult to declare illegal, because it is made in accordance with all the rules. Be careful and competent when hiring an employee, draw up documents correctly!
