An employment contract with an employee is a special agreement. This document reflects the nature of the relationship between the employee and the company.
It is an employment contract with an employee that legally formalizes the obligations and rights of participants in the process.
General information
Based on the Labor Code of the Russian Federation, enterprises and employees have ample opportunity to draw up various kinds of agreements using one or another sample of an employment contract with an employee. In this case, the papers may reflect various conditions.
The most common form of an employment contract with an employee
Most often, as legal practice shows, agreements are concluded with a specialist. By this employee is meant an employee who has certain knowledge that allows him to perform a particular activity in the enterprise. It should be said that the Labor Code of the Russian Federation does not provide for any specifics for regulating the work of a specialist.
However, in practice, such agreements have their own characteristics. In this regard, they are allocated in a separate group along with contracts signed with managers, employees, and top managers. This category is allocated in a separate group in the qualification (single) directory of posts.
Classification is carried out in accordance with the nature of the work performed primarily. They are the content of the employee’s labor. So, for example, the managerial position is characterized by organizational administrative functions. Specialists carry out analytical and constructive activities. Responsibilities of employees include information technology tasks.
Design Features
The labor functions of workers determine the features of agreements concluded with them. The position for which the employee is taken has qualifications (categories). Their indication in the agreement is mandatory. A particular sample of an employment contract with an employee provides sections or applications that indicate what skills and knowledge a 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 the details of the enterprise. In particular, last names, first names, patronymic names and addresses of the employer and the employed are entered. You must also indicate the date the employee was hired. If a fixed-term labor contract is concluded with an employee, then the period for which the specialist is hired is indicated.
Probation
As a maximum, this 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, who received state accreditation and entered the service in their specialty for the first time during the year from the date of completion of training.
In this case, a number of categories, for example, chief accountants or their deputies, may be set a trial period of six months. The legislation defines some groups of citizens who are hired on special conditions. In particular, pregnant women, minors and some other categories of workers do not undergo a probationary period.
Wage
Any sample of an employment contract with an employee provides for a section that indicates the amount of payment for his activities at the enterprise. Salary, as a rule, is an official salary.It is a monthly deduction, the amount of which depends on qualifications, business skills and the place to which the employee is assigned. The official salary is applied at enterprises to remunerate employees, specialists, and managers.
It is also used as a basis for calculating bonuses, allowances and co-payments. The contract may contain information about additional payments. Their size is determined by agreement of the parties. Making out an employment contract with an employee, the employer indicates a certain amount of official salary. If the manager first intends to pay a small amount with its subsequent increase 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 employee’s work schedule is determined by the appropriateness for the enterprise. The mode of activity may be irregular. An explanation of this is contained in Art. 101 of the Labor Code of the Russian Federation. In accordance with the regulations, employees on an irregular schedule may be periodically recruited by the employer to perform their duties outside the normal working hours. The law says that the list of employees carrying out their activities in such a regime should be established by collective agreement, contract or internal company rules. Six and five-day weeks or a shift schedule are also common.
Compensation and Warranty
Quite often, an enterprise makes an obligation to fulfill its requirements in an employment contract with an employee. These include, but are not limited to, free medical care or a convenient schedule. Along with this, the employee assumes certain obligations in which the company is interested.
For example: not to quit for a certain period, to fulfill the duties of a mentor in relation to the agreed number of young specialists, etc. The terms of the agreement impose certain and in some cases quite stringent restrictions on both the employer and the employer. At the same time, the provisions laid down in the contract contribute to the preservation of valuable personnel, the maximum use of the experience of employees and their knowledge in the training of new specialists.
Filling out an agreement
An employment contract with an employee is drawn up in duplicate. One of them is kept by the employer, the other is given to the employee. Any verbal agreement on the performance of any activity is null and void. The form of the employment contract with the employee contains the following applications:
- Schedule.
- Job description.
- List of prices for work.
- Confidentiality Non-disclosure Agreement.
Related documents are also compiled. This, in particular, may be an additional employment contract with the employee. Such an agreement, for example, is necessary in the event of a decrease in employee salaries. The registration of the employment contract itself and its supplements is carried out in the appropriate register.
The drawn up agreement comes into force immediately from the moment of execution or, if it will be indicated, on the day when the employee must begin to perform duties. If the employee has not appeared 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 often there are situations when, in order to save money on positions that do not require special professional skills, various companies - small, large - accept minor 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 employee may also be drawn up at an earlier age. A student can be hired by the company if he left the school until he received a general basic education. Moreover, his age may 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 provides for the implementation of easy activities that do not violate the learning process and do not cause harm to health.
In theaters, organizations associated with cinema and concerts, the circus allowed the employment of employees under the age of 14 years. To carry out the activities, the consent of the parents or guardians and the guardianship authority is necessary. Work should not harm the health of minors and impede their moral development.
Features of the regulation of activities
It regulates the procedure for hiring and concluding an employment contract Art. 265-272 TC, as well as the collective agreement. In these articles, the legislation establishes the modes of rest and activities of employees under the age of 18, the conditions for its implementation, official salary, etc. Any sample of an employment contract with an employee must comply with all applicable law.
Termination
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 shopping mall. In addition, the agreement may be terminated due to violations in hiring an employee. For example, an employee whose age is less than 18 years old, was taken to perform heavy, dangerous or harmful work, to a store selling alcohol, to a nightclub and more.
Otherwise, the agreement may contain other reasons. Termination of the contract unilaterally at the initiative of the employer (except for the case of termination of commercial activity or liquidation of the enterprise), except for compliance with the general current order, is allowed only with the consent of the state inspection and the commission on minors.
Additional Information
An employment contract with an employee of an individual entrepreneur is drawn up similarly to what is drawn up with the 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 an individual entrepreneur, may contain applications.
The necessary package of documents
Article 65 of the Labor Code of the Russian Federation establishes the necessary list of securities. The list includes:
- Passport or other identification document.
- Employment history. An exception is cases when a part-time employee contract is drawn up or the 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 first enters a job, the employment book and PFR insurance are executed by the employer. The employee must be familiarized with the internal routine of the enterprise, safety regulations and other local regulations.
Duration of agreement
In accordance with the law, an employment contract may be drawn up for a specified period or be unlimited. Regulates this provision of Art. 58 shopping mall. An employment contract with an employee (temporary) is drawn up for a period of up to 5 years. In the agreement, the validity period may not be indicated. In this case, they say that the contract is unlimited.For a certain period, an agreement is drawn up in a number of cases. These include, in particular:
- Replacing an absent employee. In this case, a temporary agreement is drawn up. An absent employee retains space.
- Performance of seasonal activities (up to 2 months).
- Internship or professional training of the employee.
- Joining a businessman or a small business.
- Part-time job.
- Hiring retirees by age or persons with disabilities.
The agreement shall terminate upon the expiration of the period specified therein. Three days before the end of the period, the employer must notify the employee of the end of the activity. The notice is in writing. In the event that at the end of the specified period the parties did not declare the termination, the agreement is considered drawn up for an indefinite period.
Download a standard form of an employment contract between an employee and an employer by an individual
Download a fixed-term employment contract with an employee
Download collective agreement form
Download an employment contract with an employee
