The first paper you sign on your new job will be a labor agreement. Like all legally important documents, it has its own standards and design features. Therefore, today we will simply and easily study the mandatory conditions of an employment contract.
Purpose of the document
An employment contract is a kind of pact between an employee and an employer that regulates their rights and obligations. Simply put, an agreement secures the verbal consent of both parties to work together. The employee agrees to perform the work that he is employed in a quality manner, and the employer is obliged to create good working conditions for him and to pay for this work in a timely manner.
The process of accepting a new member of the team is carried out in 4 stages:
- familiarization with the employment contract;
- its signing;
- printing an order on hiring an employee for a certain position;
- marking the work book.
In order for the document to have a certain common standard and fully guarantee the employer and the employee, in case of conflict, the opportunity to assert their rights, it must contain all the conditions necessary for inclusion in the employment contract.
Signing Procedure
The document is printed in 2 copies. One is given for personal storage to a new employee of the company, the second - to the employer or his official representative. An employee can take up his duties before signing a document only in rare cases. Moreover, the mandatory conditions of the employment contract are drawn up and fit into the agreement, which the employee must sign, no later than 3 days from the first day he actually worked.
In the future, the signed document can be amended and supplemented. For example, when an employer has decided to raise a person’s wage, he must adjust the mandatory conditions of the employment contract or print out an addendum to it, which regulates new tariff rates, premiums, etc. All adjustments to the employment contract are always agreed with the employee of the company.
Mandatory conditions of the employment contract
Before signing a document that will protect the rights of the employee, he should carefully read each item. Indeed, in the event of a conflict, only he can clarify and resolve all disputes.
Mandatory conditions of the employment contract are:
- place of work;
- position;
- nature of work with a full and detailed description;
- date of taking office;
- salary amount;
- working hours;
- employee liability;
- rights and obligations of both parties;
- types and conditions of social insurance.
All of the above items are not the only things that can be written in the document. Each tenant has the right to include additional clauses in the contract, which are characteristic of a certain type of work performed. Mandatory and additional conditions of the employment contract must be clearly observed by both parties. Otherwise, the agreement can be terminated at the request of one of the participants.
Place of work
Before starting work, the employee must be informed where exactly his workplace will be located. The mandatory conditions of the employment contract include not only the legal address of the company, but also the number, postal address of the structural unit or branch where the employee is sent to fulfill his job duties. The employer is not entitled to independently change the location of the workplace.All changes must be agreed with the employee. If he does not want to sign a document on the next transfer, he may terminate the employment agreement.
Position and nature of work
Based on the position indicated in the labor agreement, an entry is made in the labor book. In the future, these records will determine the benefits and the date of the employee's retirement. All existing professions are registered in the Unified Tariff Qualification Edition.
Current trends in the labor market include an entry in the employment contract for a position that is not spelled out in the Unified Tariff and Qualification Guide. If the position is not related to the provision of certain compensations or benefits, then such a record does not bear serious consequences. But without special need it is still better not to depart from the existing list.
Mandatory conditions of the employment contract are detailed descriptions of all types of work that the employee will have to perform. Moreover, it may indicate functions that are characteristic of different professions. The combination of several positions in an employment agreement is not part-time work. For example, the work of a storekeeper may include the duties of a loader. In this case, a record will be made in the work book of the position that the employee performs most of his working time.
Date of taking office
The calendar day of taking office and the day of conclusion of the contract do not always coincide. It happens that an employee is taken for the performance of their functions until they are signed or with a delay of several days due to upcoming days off, holidays or other significant reasons. Since the mandatory conditions of an employment contract are determined by the Labor Code of the Russian Federation, the date of commencement of work can be set in two ways:
- an oral order of the tenant before signing the document;
- specific date specified in the contract.
If the employee has begun his duties before signing the contract, then he must familiarize himself with it and provide written consent, that is, his signature, for the performance of a certain type of work no later than three days from the moment they begin. When the authorities are in no hurry to formalize their relationship with the employee in writing, he has every right to apply to the court with evidence of the work done during this time. These may be testimonies, papers, reports, and more.
Clause of the contract on remuneration
Wage conditions govern the total amount of the future employee’s wages along with bonuses, allowances, surcharges. Commercial firms have the right to independently set tariffs, on the basis of which deductions will be made. Budget companies calculate employee income based on the tariff grid, qualification category and category.
Mandatory conditions for concluding an employment contract cannot have a salary lower than the norm established by the state. Otherwise, such an agreement can be considered unlawful and, therefore, it can easily be appealed in court. During the period of cooperation with the employee, the employer has the right to reduce or, conversely, increase the size and amount of his salary. To do this, it is not necessary to conclude a new agreement. You can simply print the appropriate supplement and give it to the employee for signature.
What determines the size of a salary?
The amount of wages depends primarily on the professional skills of the employee and the relevance of the profession. If the upcoming work requires a high level of skill, then the payment should be decent. The employment agreement also indicates:
- surcharges for work on weekends, non-working days and holidays;
- monthly, quarterly, annual premium;
- surcharge for work at night;
- supplement for harmful working conditions;
- surcharges for overtime work.
The document indicates "dirty" wages. This means that from the salary prescribed in the document in the future all standard deductions will be made. Accordingly, in the hands of the employee will receive a smaller amount. All accrued bonuses depend on the employer or on the immediate boss of the potential employee. The bonus system takes into account the quality, speed and result of the monthly, quarterly, annual work of employees. If the work is related to collective work, then the prize will depend on each member of the team.
Some companies offer their employees, in addition to surcharges and bonuses, free meals, travel, accommodation and more. This is not included in the mandatory working conditions in the employment contract. Rather, such conditions are a pleasant bonus that an employee can expect.
Working hours
The employee mode is regulated by the internal routine of the company. When the work regime and rest of the future employee do not coincide, appropriate entries are made to the labor agreement. Typically, a working day lasts at least eight and no more than twelve hours. The duration of a work shift cannot exceed the limits prescribed in the Labor Code. It is important to remember that working hours do not include lunch and household breaks.
Liability clause
To protect the company from losses through the fault of employees, many companies, together with an employment agreement, conclude a liability agreement with a potential employee. The production and workers of the workshop, as a rule, this document does not apply. Most often, it is concluded with administrative staff and middle and senior management personnel.
Without the consent of the employee to material liability, the employer does not have the right to deduct a penny from his earnings. If the bosses, by order, require payment of the losses incurred by them, then this is a direct reason for going to court. If disputes arise regarding compensation for damage, a judicial or pre-trial examination is carried out. Full compensation for losses is due to the company if the employee committed a criminal offense, spoiled material assets outside working hours, or failed to save the property of the company issued to him against receipt.
Social insurance
Current legislation requires four forms of social insurance. Therefore, the employer, concluding the contract, undertakes to monthly make the necessary deductions for social insurance. Compulsory insurance under the terms of an employment contract includes three types of insurance:
- medical;
- social;
- retirement.
Social insurance covers two types of expenses: the payment of sick leave or maternity and the compensation of damage to employees from accidents or illnesses arising from their professional activities. When the employer prescribes the clauses of the employment contract, he may not list all existing types of insurance. Simply add a link to this article of the Labor Code.
Additional terms
In addition to mandatory, the document may contain additional conditions. For example, the boss can add a clause on the probationary period or internal training of employees. Many private organizations like to add a clause on non-disclosure of trade secrets to the contract. Especially if the employee has access to financial or accounting statements. Of the pleasant moments in additional conditions, points can be noted on increasing the living conditions of an employee. In addition to salaries and bonuses, some employees are also entitled to free rented housing, meals, etc.