Mandatory details of the contract - what is it?

Each official document contains the main details having legal and economic force. Mandatory contract details are the main significant conditions that determine the purpose of the entire document. Consider which details are considered mandatory.

Definition

Mandatory details of the contract are some information, information or certain data that provide, among other conditions, the legal force of the document and its significance. These details include:

1. Document Number.
2. Place and date of filling.
3. Information about the parties to the contract.
4. General content of the document.
5. Seal and signatures of the parties.

It would be possible to attribute the name of the document to the mandatory details. But if one name is given to the contract, and its essence will be completely different, then what is the point of paying attention to the name of the contract? Consequently, the mandatory requisite of the contract is not the name, but its essence.

Of course, it is advisable to name a document, if only because each time you do not subtract the main points from the document itself.

Structure

The structure of each contract is individual: from a primitive listing of clauses to complex divisions into paragraphs and subclauses. Nevertheless, any agreement should contain the basic structural units. These include:

1. Introductory part.
2. Subject (rights and obligations of the parties, terms of payment).
3. Additional conditions (responsibility of the parties, the validity of the document, the grounds for changing the conditions or termination).
4. Details of the parties (signatures, stamp).

This structure is conditional, but it is followed in the preparation of almost all types of contracts. Including labor. Next, we consider in more detail the mandatory details of the employment contract.

Place and date

The obligatory requisite is the place of work of the citizen. In the case when it is accepted into a branch of the organization or structural unit, the full location of this branch is indicated in the contract. This is necessary not only for the employee to know where he works, but also for full reporting. For example, when sending on a business trip, you should indicate where the employee left and where he arrived, and vice versa.

Starting dates also play an important role. The Labor Code of the Russian Federation has its own nuances regarding this attribute. Not only is this the beginning of work in a particular organization, it can also be the beginning of a probationary period for an employee (if one is provided for). But if an employee began to fulfill his duties with the knowledge of the employer without signing an employment contract, the latter is obliged to apply for it from the moment he began to work (and already without a test) and complete all the documents no later than three days later.

If a fixed-term contract is signed, then in addition to the beginning of work, its completion is indicated.

Details of the organization and employee

Mandatory contract details are detailed information about the employer and employee. What information should an employer provide:

• full name of the organization, as well as the legal form;
• legal address of the organization;
• The actual location of the company
• name of the document on the basis of which the head carries out his activities;
• TIN of the company;
• surname, name, patronymic of the authorized person.

Information provided by the employee:

• full surname, name, patronymic;
• contact details: address, telephone;
• passport data.

Are the details required in the contract? Yes, since their indication is regulated by Art. 57 of the Labor Code of the Russian Federation.In addition, an indication of all the data once again proves the seriousness of the organization and the employee. And in legal proceedings, if one of the parties does not appear at the meetings, it is easy to calculate the location of the individual or legal entity from the data.

Working conditions

Another mandatory details of the contract are working conditions. These include:

1. Functions of labor activity. It is necessary to indicate here the work in which position will be carried out (according to the staffing table), as well as the specific type of work performed. If, according to the Labor Code of the Russian Federation and other normative acts, assignment of benefits or compensations or possible restrictions is associated with the fulfillment of labor obligations in certain posts or professions, then the title of such a position must comply with the requirements indicated in the qualification reference book.
2. Terms of payment. This includes the size of the tariff rate, surcharges, official salary of the employee, incentives, allowances.
3. Labor regime and rest. These details reflect the employee’s work schedule and rest period. This item should be included in the contract, and especially when the employee has a schedule different from the rest.
4. Warranty and Compensation Terms.
5. Conditions that determine the nature of the work.
6. Provisions on working conditions.
7. Regulations on social insurance.

Is print really needed?

Is printing an obligatory requisite of an agreement?

According to Art. 67 of the Labor Code of the Russian Federation, the contract is legally executed if it is drawn up in writing and in duplicate, with signatures on both sides. In h. 1 Article 61 of the Labor Code of the Russian Federation states that the document receives legal force from the moment of its signing. And Art. 57 of the Labor Code of the Russian Federation, among the full list of mandatory details, does not contain a regulation on the mandatory placement of a seal on an employment contract.

Consequently, not a single provision of the labor code indicates the need for a press, which means that if the employer did not stamp the document, this does not mean that it is not valid.

The contract is considered valid if the conditions specified in the Labor Code of the Russian Federation are met.

The seal itself on the document will not have a yursila, it will simply once again confirm the signature of the employer.

Additional details

Is it mandatory to indicate the details in the contract, if they are not basic? Additional details are indicated only if they are applied in the organization and specifically to this employee. These details include:

• probation;
• non-disclosure of trade secrets and liability;
• the obligation to work out a specific period of time in the organization if the company paid for the training;
• additional insurance conditions;
• improving social and living conditions of the employee’s family;
• the possibility of private pension insurance.

How to fill out an agreement

In order for the document to have a yursila, you must enter in it all the required details provided for by Art. 57 shopping mall. You should also consider all possible contentious issues that may arise in cooperation.

Everything that is specified in the contract in a difficult situation will be considered in court or inspection.

A document can be composed both in writing and in print. Legislation does not regulate how exactly this should be done. Each company provides a contract in the form in which it is convenient. Most importantly, it should be in duplicate and both should be signed.

Sometimes the question arises: if the seal on the contract is not mandatory, then perhaps you need to certify the document with a notary? This is not necessary. Only in certain situations, which are prescribed in labor law, an employment contract must be agreed with state or executive bodies.

An employment contract is considered the main document in labor relations. And its absence (with compilation) violates the rights of the employee.