Terms and procedure for concluding an employment contract

Labor legislation is one of the key from the point of view of the successful development of any state in the areas of law. Many of its provisions reflect the specifics of signing relevant contracts between employing companies and employees. What is an employment contract (concept)? The procedure for concluding this document - what is it?

What is an employment contract?

Let's decide for a start with what an employment contract is. According to the provisions of the legislation of the Russian Federation, this is an agreement between the employer and the employee, according to which the first party agrees to provide the second job in accordance with a specific function and to ensure the conditions for its implementation by law, as well as to pay wages.

In turn, the employee having signed the contract is obligated to personally perform the labor function entrusted to him, as well as to comply with the internal rules established by the employer company.

General information on the procedure for concluding a contract

The procedure for concluding an employment contract involves, first of all, the preparation of the corresponding document in writing. The contract between the employer and the employee must be in duplicate. The parties confirm their agreement with its terms by means of a signature and other details stipulated by the norms of the law. In addition to the employment contract, the head of the employing company is obliged to issue an order to accept a new employee, as well as, if required by the specifics of the work, other documents - for example, a medical book. Also, in most industries, the employer company must familiarize the employee with the internal regulations and other local legal acts.

The terms for concluding an employment contract are also fixed in the legislation of the Russian Federation. If a person has actually started to fulfill his labor duties, then from a legal point of view, the contract of the type in question is considered concluded. Within three days, the employing company is required to draw up an employment contract, as prescribed by law, in writing.

It can also be noted that the Russian immigration law in some cases obliges the employer to send notification to the FMS on the conclusion of an employment contract with foreigners. This is a fairly new norm; it has been in force since 2015.

Stages of interaction between employer and employee

The general procedure for concluding an employment contract may also involve communication between the employer and the employee in the periods preceding the signing of the relevant contract. Consider the main features of this stage. Lawyers distinguish three periods in which the employer and the employee interact in the aspect of the initiation of labor relations. Of course, we are talking about the stages after a successful interview or, for example, a competition, as a result of which a person has already been invited to work for an actual vacancy.

Trial period

The first period is a fact-finding. In the framework of it, the personal acquaintance of the employer and the employee occurs, in fact, both formal aspects of communications and informal ones can be present.

For example, for the purpose of correctly registering an employment relationship, an employee must provide the employer with a number of documents - an identity card (usually a passport), SNILS, a diploma or other source that confirms qualifications.If a person does not get a job for the first time and has a work book, he is also obliged to transfer it to the employer. The procedure for concluding an employment contract involves the provision of a certificate with a TIN, as well as, if necessary, a military card. In turn, if a person gets a job for the first time, then the employer must assist him in the preparation of the necessary documents.

We noted above that along with the execution of the main contract document confirming the official job placement - an employment contract, the employer may have an obligation to familiarize the employee with these or other local regulations. Lawyers note that many of these sources must be provided to the person before the conclusion of the employment contract. It concerns internal regulations or, for example, samples of collective agreements.

Preparation of contract

Consider the procedure for concluding an employment contract at the stage of its direct preparation and signing. Lawyers recommend paying special attention to the structure of the document. We note the following key nuances that concern it:

• must be specified in the contract employee, full name of the employing company;
• you need to reflect data on documents that certify the identity of the employee;
• it is necessary to indicate the TIN in the contract;
• information on the place of work, on the coordinates of the branch should be reflected in the contract;
• it is necessary to enter data reflecting the specifics of the labor function of the employee, which corresponds to the vacancy, qualification or specialty of a person;
• the terms for concluding the employment contract should be indicated;
• it is necessary to reflect the conditions for the payment of labor compensation, the formula for their accrual;
• it is necessary to include other necessary information in the contract.

The employment contract may be subsequently supplemented by documents reflecting the changes in it. However, the crucial point here is that at the stage of preparing the contract, the employer can still offer the employee the conditions for performing labor functions unilaterally. But as soon as the labor contract is signed, any changes to it are possible only if the employee agrees to them.

Contract and trade secret

The general procedure for concluding an employment contract allows for the inclusion in it of clauses reflecting the obligations of the employee to keep the trade secret of the enterprise that hired him. The legal basis for the relevant provisions may be regulatory acts adopted at the federal level. However, the employer must make sure that the alleged trade secret meets the criteria reflected, in particular, in article 139 of the Civil Code of Russia.

It says that the relevant secret information can be considered a trade secret if it has real or perceived commercial value due to unknownness to third parties, provided that the employer protects this information, and also provided that there is no free, public access to it on the grounds that provided by applicable law.

Probation

How do the procedure for concluding an employment contract and the probationary period practiced by many Russian employers when hiring new employees relate to? In accordance with Article 70 of the Labor Code of the Russian Federation, the employing company has the right to prescribe in the employment contract the conditions that the employee must work out the corresponding period in order to verify his suitability. At the same time, if this condition is not specified in the contract, then the person is considered accepted into the company without any tests.However, if the employee is admitted to the actual performance of labor duties without a signed contract (this possibility is provided for by Article 67 of the Labor Code of the Russian Federation), then the corresponding condition can be added to the contract if the employer and employee have drawn up an additional agreement on this.

Signing stage

So, we proceed to one of the key stages, which provides for the procedure for concluding an employment contract (contract). This is a procedure for direct signing of a document. Above, we determined that it should be made in duplicate, one employer retains, the other gives the employee. Each is signed by the parties.

We also determined that the head of the organization should issue an order confirming the fact of a person being hired. This document must be drawn up within three days from the date of the actual start of the employee's performance of labor functions. The contents of the order in question should be associated with the contract. At the request of the employee, the employer must issue a copy of the order, which is duly certified.

General algorithm

Thus, the procedure for concluding an employment contract can be briefly described in the framework of the following algorithm:

• acquaintance with the employer (after an interview and approval of a candidate for a vacancy);
• familiarization with internal regulations and other local acts;
• signing a contract;
• familiarization with the order of employment, receiving, if necessary, a copy of it;

If necessary, as well as with the mutual coordination of positions in cases where the law requires, the employer and employee may conclude additional agreements (for example, on probationary issues).

When to start work?

So, what is the procedure for concluding an employment contract, we have studied. From what moment can a person start work (if it’s not a script, when did he start doing it before signing the document)? According to the provisions of the law, an employment contract is deemed to have entered into force immediately upon signing by the employer company and a new employee.

Accordingly, if a person began to fulfill his duties before signing the document, then the contract is considered valid from the day when the employee actually began to work. Also, the contract itself may specify a specific period from which a person can begin to perform his duties. If such an option is not specified in the contract, then the employee may begin to work the very next business day. Moreover, if a person has violated the terms, the employer has the right to cancel the contract.

Types of Employment Contracts

We examined what an employment contract is. The content, the procedure for concluding the document are now also understood by us. Now we can examine the classification of contracts in the framework of the types prescribed by law. The Labor Code of the Russian Federation allows you to conclude an appropriate type of agreement in two varieties.

Firstly, there are contracts concluded for an indefinite period. That is, by signing such an agreement, a person has the right to count on the performance of his functions without restrictions on duration. Secondly, the legislation of the Russian Federation also provides for fixed-term employment contracts. Their maximum duration is 5 years. Specific contract time defined in its provisions.

Also, the legislation of the Russian Federation provides for a special type of contract - a collective labor contract. What kind of document is this?

The specifics of collective agreements

A collective agreement is a document in which, if you follow the provisions of the Labor Code of the Russian Federation, it reflects mainly the social component of the interaction between the employer and employees. That is, it reflects the conditions for the provision of holidays, vouchers to sanatoriums, some pay regulations etc.Collective labor contracts are considered the norm for modern Russian enterprises. Such agreements promote trustful communication between employers and employees, as well as strengthening the loyalty of employees to the company.

In general, firms are not required to conclude a collective agreement with employees. However, if such an initiative comes from the side of the workers themselves, then, according to the law, the company must enter into negotiations with them within 7 days regarding the preparation of the relevant documents.

The procedure for concluding a collective labor contract, as noted by lawyers, is sufficiently free - it is determined by the parties themselves. An interesting fact is that if the employer and employees have not reached a compromise on the terms of the relevant agreement, then three months after the start of communications on this issue, the contract should be signed in any form. At the same time, it is necessary to supplement it with a protocol in which differences will be reflected.

The specifics of fixed-term employment contracts

Is there a special procedure for concluding a fixed-term employment contract? From the point of view of the basic stages of its design, everything, in principle, is the same as in the case of a regular contract. The procedure for concluding an employment contract that we have determined is briefly generally relevant also for the type of agreements under consideration. At the same time, some specifics regarding fixed-term contracts, which are defined in Article 59 of the Labor Code of the Russian Federation, can be noted. It lists the scenarios in which the employer has the right to propose the signing of such agreements. A fixed-term contract thus concludes:

• if a person comes to the position of a temporarily absent employee with whom the company has signed an indefinite contract;
• if we are talking about temporary work, the duration of which does not exceed 2 months;
• during seasonal work, when natural conditions do not allow people to carry out labor functions all year round;
• when signing a contract under which a person will work abroad;
• when it comes to work that is not typical of the main profile of the employing company;
• if the employing company was deliberately created as a legal entity that has been operating for a certain period of time, after which it is planned to be closed;
• if a person comes to the company to solve a specific problem, but the exact timing of its solution is not known;
• if an employee undergoes an internship or training in the company;
• when registering a person for work in an elected body of authority, which functions within the time period established by law, until the next election;
• when forming election commissions for the period of the respective campaigns and counting of votes, as well as other democratic institutions necessary at the stages of the formation of municipal or state power through elections;
• if the person is sent to temporary work by the employment service;
• if the employee is a citizen who performs alternative service.

Also, the laws of the Russian Federation allow a scenario in which a fixed-term employment contract can be signed by mutual agreement of the employer and the employee. This is possible in the following main cases:

• if the employer company has the status small business or IP;
• if the employee is an old-age pensioner;
• if the employee has a medical certificate suggesting the desirable signing of a fixed-term contract;
• if a person comes to work in the Far North, as well as in the territory with the equivalent status from another region;
• if the work is associated with the operational solution of tasks to overcome the consequences of emergencies;
• when choosing an employee for a vacancy as a result of a competition;
• if the vacancy involves creative work;
• if a person comes to a company for a managerial position, for example, a general director, his deputy or chief accountant;
• upon conclusion of an agreement with full-time students;
• if a person comes to work part-time.

Also, the above conditions may change or supplement due to certain provisions of Russian law.

Thus, we explored the concept of "employment contract", types, and the procedure for concluding. Consider an interesting aspect, reflecting, in particular, the foreign experience in concluding such contracts.

Employment contracts abroad

It can be noted that in the world there are several very different legal regimes that govern the relationship between the employer and the employee. For example, in the USA, such contracts are considered by lawyers as a simple formality, since the employee’s protection is low - the employer can dismiss the employee at any time. In turn, in post-Soviet countries of this type, the contract is a more significant document from the point of view of social guarantees. In many CIS countries, a similar procedure for concluding an employment contract is observed. Ukraine, Russia, Belarus in this sense have rather close legislation.

From the point of view, in particular, of the protection of employees, in these countries labor legislation is one of the most socially oriented, according to many lawyers. Although also in many Western countries a similar situation is observed. That is, the American model of labor legislation, in which the protection of workers is noticeably lower, is not always considered acceptable in the process of forming local sources of norms in other developed states.

Many lawyers believe, and this is probably true, that the reason that Belarus, Russia and Ukraine have similar legislation in the field of labor relations is the common Soviet system of law in the past. That is why the algorithms are similar in accordance with which the procedure for concluding an employment contract is built. RB, RF - countries that also signed an agreement on union state and therefore, labor law in these countries, as many lawyers believe, is characterized by a special affinity.